{"took":292,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":22,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"6950888","_score":13.6609535,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On XX/XX/XXXX as per my previous CFPB complaints I have mailed multiple documents to XXXX regarding the wrong non deliverable address reporting on my credit report as well as my request to OPT OUT of my Payment/ Transaction History reporting on my credit report. XXXX had disregarded disputes and has failed to send proof of their investigations. They have ignored my request for contracts signed by me to be provided for XXXX XXXX XXXX which I never had a contract with. XXXX has ignored the law and has violated my rights by reporting my trans action history without my consent. XXXX continues to report inaccurate information on student loan accounts that have been proven to be resolved and no longer reports on EQUIFAX AND XXXX. Two accounts showing as US DEPT OF ED/XXXX Shoes as XXXX balnce on XXXX and is completely removed from Equifax. XXXX IS IN VIOLATION OF MY RIGHT AND THE LAW PER : 15 USC-6802 16 CFR 313.7 16 CFR 433.2 THE PRIVACY ACT OF 1974 the Gramm-Leach-Bliley Act ( GLBA ) The laws and violations implemented are explained below per the CFR, FCRA, USC, The privacy Act of 1974. All of which show clearly that XXXX is in violation and will be legally held responsible for their blatant disregard for my rights as a consumer. I DO NOT GIVE XXXX, EQUIFAX AND OR XXXX XXXX PERMISSION TO REPORT MY TRANSACTION HISTORY TO THIRD PARTY NON AFFILIATES, OR THE PUBLIC ON MY CREDIT REPORT. I have made multiple complaints and disputes this year alone and if my request, my rights and the law continues to be ignored then I will have no choice but to seek legal remedy in federal court for their violations per month and damages for slander and invasion of privacy. \n\nMy final demands are as follows which are backed by law. CFR enforces these rights and laws that XXXX fails to abide by. ACTION IS REQUIRED OR LEGAL FILING WITH FEDERAL COURT FOLLOWS. \n\nRemove undeliverable addresses : XXXX XXXX XXXX XXXX Ohio ( never lived there ) Remove invalidated accounts that are not verified and a contract with my wet signature has not been provided to me with full disclosure of the claimed agreement. \n\nSTOP Reporting my transaction history it is an invasion of my Privacy and has caused me mental distress and defamation. \n\nI DO NOT GIVE XXXX, XXXX OR EQUIFAX PERMISSION TO REPORT MY TRANSACTION HISTORY. \n\nXXXX must stop reporting inaccurate information which is deliberate. They are aware that US DEPT OF ED account show {$0.00} balance on XXXX and is completely removed from Equifax. \n\nAll COLLECTION ACCOUNTS MUST BE REMOVED THEY HAVE NOT BEEN VALIDATED AND NO CONTRACT WITH ME AGREEING TO BE IN CONTRACT WITH XXXX XXXX ( XXXX ) OR XXXX XXXX XXXX ( XXXX ) HAS BEEN PROVIDED. \n\nXXXX REMOVED XXXX XXXX AND WITHOUT NOTICE LAST MONTH XXXX PLACED IT BACK ON MY REPORT WITHOUT NOTICE OR PROOF OF ANY SUCH INVESTIGATION. \n\nPayment history and transaction history must be removed and no longer reported for the accounts below. \n\nXXXX XXXX US Dept of ED US Dept of ED XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Lastly Many of these accounts are charged off/written off and are deemed as Income and I should have received a copy of the 1099 from these creditors to file as income. \n\nPRIVACY ACT OF 1974 : The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information : ( 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\n16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods : 313.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples- ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.\n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.\n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\n\n( d ) Joint relationships.\n\n( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).\n\n( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.\n\n( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction.\n\n( 5 ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXXXXXX XXXX address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXXXXXX XXXX address, but you must accept an opt out direction from either XXXX or XXXX. \n\n( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXXXXXX XXXX  opt out direction. \n\n( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly.\n\n(\n\ne ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. ( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. ( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. [ 65 FR 33677, XXXX XXXX XXXX as amended at 74 FR 62966, XXXX XXXX XXXX  ] Privacy Fair Credit Reporting Act Section 603 ( d ) Consumer Report and Information Sharing Section 603 ( d ) defines a consumer report to include information about a consumer such as that which bears on a consumers creditworthiness, character, and capacity among other factors. Communication of this information may cause a person, including a financial institution, to become a consumer reporting agency. The statutory definition contains key exemptions to this definition that enable financial institutions to share this type of information under certain circumstances, without becoming consumer reporting agencies. Specifically, the term consumer report does not include : 1. A report containing information solely as to transactions or experiences between the consumer and the financial institution making the report. A person, including a financial institution, may share information strictly related to its own transactions or experiences with a consumer ( such as the consumers payment history, or an account with the institution ) with any third party, without regard to affiliation, without becoming a consumer reporting agency. This type of information sharing may, however, be restricted under the Privacy of Consumer Financial Information regulations that implement the Gramm- Leach-Bliley Act ( GLBA ) because it meets the definition of non-public personal information under the Privacy regulations ; therefore sharing it with non-affiliated third parties may be subject to an opt out under the privacy regulations. In turn, the FCRA may also restrict activities that the GLBA permits. For example, the GLBA permits a financial institution to share a list of its customers and information such as their credit scores with another financial institution to jointly market or sponsor other financial products or services. This communication may be considered a consumer report under the FCRA and could potentially cause the sharing financial institution to become a consumer reporting agency. 2. Communication of such transaction or experience information among persons, including financial institutions related by common ownership or affiliated by corporate control. 3. Communication of other information ( e.g., other than transaction or experience information ) among persons and financial institutions related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information will be communicated among such entities, and before the information is initially communicated, the consumer is given the opportunity to opt out of the communication. I expect to have all credit reporting agencies to follow the law and respect my rights. This is my last CFPB complaint the next attempted to resolve this will be in court. \n\nXXXX XXXX","date_sent_to_company":"2023-05-09T12:00:10.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"281XX","tags":null,"has_narrative":true,"complaint_id":"6950888","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-05-09T12:00:05.000Z","state":"NC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["You may either : ( i ) <em>Treat</em> an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) <em>Permit</em> each joint consumer to opt out <em>separately</em>.\n\n( 3 ) If you <em>permit</em> each joint consumer to opt out <em>separately</em>, you must <em>permit</em> one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction.\n\n( 5 ) Example."]},"sort":[13.6609535,"6950888"]},{"_index":"complaint-public-v1","_id":"6950889","_score":13.640747,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On XX/XX/XXXX as per my previous CFPB complaints I have mailed multiple documents to Experian regarding the wrong non deliverable address reporting on my credit report as well as my request to OPT OUT of my Payment/ Transaction History reporting on my credit report. Experian had disregarded disputes and has failed to send proof of their investigations. They have ignored my request for contracts signed by me to be provided for XXXX XXXX XXXX which I never had a contract with. Experian has ignored the law and has violated my rights by reporting my trans action history without my consent. Experian continues to report inaccurate information on student loan accounts that have been proven to be resolved and no longer reports on XXXX AND XXXX. Two accounts showing as US DEPT OF ED/XXXX Shoes as XXXX balnce on XXXX and is completely removed from XXXX. EXPERIAN IS IN VIOLATION OF MY RIGHT AND THE LAW PER : 15 USC-6802 16 CFR 313.7 16 CFR 433.2 THE PRIVACY ACT OF 1974 the Gramm-Leach-Bliley Act ( GLBA ) The laws and violations implemented are explained below per the CFR, FCRA, USC, The privacy Act of 1974. All of which show clearly that Experian is in violation and will be legally held responsible for their blatant disregard for my rights as a consumer. I DO NOT GIVE EXPERIAN, XXXX AND OR XXXX XXXX PERMISSION TO REPORT MY TRANSACTION HISTORY TO THIRD PARTY NON AFFILIATES, OR THE PUBLIC ON MY CREDIT REPORT. I have made multiple complaints and disputes this year alone and if my request, my rights and the law continues to be ignored then I will have no choice but to seek legal remedy in federal court for their violations per month and damages for slander and invasion of privacy. \n\nMy final demands are as follows which are backed by law. CFR enforces these rights and laws that Experian fails to abide by. ACTION IS REQUIRED OR LEGAL FILING WITH FEDERAL COURT FOLLOWS. \n\nRemove undeliverable addresses : XXXX XXXX XXXX XXXX Ohio ( never lived there ) Remove invalidated accounts that are not verified and a contract with my wet signature has not been provided to me with full disclosure of the claimed agreement. \n\nSTOP Reporting my transaction history it is an invasion of my Privacy and has caused me mental distress and defamation. \n\nI DO NOT GIVE EXPERIAN, XXXX OR XXXX PERMISSION TO REPORT MY TRANSACTION HISTORY. \n\nExperian must stop reporting inaccurate information which is deliberate. They are aware that US DEPT OF ED account show {$0.00} balance on XXXX and is completely removed from XXXX. \n\nAll COLLECTION ACCOUNTS MUST BE REMOVED THEY HAVE NOT BEEN VALIDATED AND NO CONTRACT WITH ME AGREEING TO BE IN CONTRACT WITH XXXX XXXX ( XXXX ) OR XXXX XXXX XXXX ( EXPERIAN ) HAS BEEN PROVIDED. \n\nXXXX REMOVED XXXX XXXX AND WITHOUT NOTICE LAST MONTH XXXX PLACED IT BACK ON MY REPORT WITHOUT NOTICE OR PROOF OF ANY SUCH INVESTIGATION. \n\nPayment history and transaction history must be removed and no longer reported for the accounts below. \n\nXXXX XXXX US Dept of ED US Dept of ED XXXX Now XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX Lastly Many of these accounts are charged off/written off and are deemed as Income and I should have received a copy of the 1099 from these creditors to file as income. \n\nPRIVACY ACT OF 1974 : The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual. \n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information : ( 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\n16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods : 313.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples- ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. \n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. \n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\n\n( d ) Joint relationships.\n\n( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).\n\n( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.\n\n( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. \n\n( 5 ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX 's address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX 's address, but you must accept an opt out direction from either XXXX or XXXX. \n\n( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXX 's opt out direction. \n\n( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. \n\n(\n\ne ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. \n\n( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. \n\n( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. [ 65 FR 33677,\nMay 24, 2000, as amended at 74 FR 62966, Dec. 1, 2009 ] Privacy Fair Credit Reporting Act Section 603 ( d ) Consumer Report and Information Sharing Section 603 ( d ) defines a consumer report to include information about a consumer such as that which bears on a consumers creditworthiness, character, and capacity among other factors. Communication of this information may cause a person, including a financial institution, to become a consumer reporting agency. The statutory definition contains key exemptions to this definition that enable financial institutions to share this type of information under certain circumstances, without becoming consumer reporting agencies. Specifically, the term consumer report does not include : 1. A report containing information solely as to transactions or experiences between the consumer and the financial institution making the report. A person, including a financial institution, may share information strictly related to its own transactions or experiences with a consumer ( such as the consumers payment history, or an account with the institution ) with any third party, without regard to affiliation, without becoming a consumer reporting agency. This type of information sharing may, however, be restricted under the Privacy of Consumer Financial Information regulations that implement the Gramm- Leach-Bliley Act ( GLBA ) because it meets the definition of non-public personal information under the Privacy regulations ; therefore sharing it with non-affiliated third parties may be subject to an opt out under the privacy regulations. In turn, the FCRA may also restrict activities that the GLBA permits. For example, the GLBA permits a financial institution to share a list of its customers and information such as their credit scores with another financial institution to jointly market or sponsor other financial products or services. This communication may be considered a consumer report under the FCRA and could potentially cause the sharing financial institution to become a consumer reporting agency. \n2. Communication of such transaction or experience information among persons, including financial institutions related by common ownership or affiliated by corporate control.\n\n3. Communication of other information ( e.g., other than transaction or experience information ) among persons and financial institutions related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information will be communicated among such entities, and before the information is initially communicated, the consumer is given the opportunity to opt out of the communication.\n\nI expect to have all credit reporting agencies to follow the law and respect my rights. This is my last CFPB complaint the next attempted to resolve this will be in court. \n\nXXXX XXXX","date_sent_to_company":"2023-05-09T12:00:01.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"281XX","tags":null,"has_narrative":true,"complaint_id":"6950889","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-05-09T11:07:13.000Z","state":"NC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["You may either : ( i ) <em>Treat</em> an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) <em>Permit</em> each joint consumer to opt out <em>separately</em>.\n\n( 3 ) If you <em>permit</em> each joint consumer to opt out <em>separately</em>, you must <em>permit</em> one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. \n\n( 5 ) Example."]},"sort":[13.640747,"6950889"]},{"_index":"complaint-public-v1","_id":"6950891","_score":13.640427,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On XX/XX/XXXX as per my previous CFPB complaints I have mailed multiple documents to XXXX regarding the wrong non deliverable address reporting on my credit report as well as my request to OPT OUT of my Payment/ Transaction History reporting on my credit report. XXXX had disregarded disputes and has failed to send proof of their investigations. They have ignored my request for contracts signed by me to be provided for XXXX XXXX XXXX which I never had a contract with. XXXX has ignored the law and has violated my rights by reporting my trans action history without my consent. XXXX continues to report inaccurate information on student loan accounts that have been proven to be resolved and no longer reports on XXXX AND TRANSUNION. Two accounts showing as US DEPT OF ED/XXXX Shoes as XXXX balnce on Transunion and is completely removed from XXXX. XXXX IS IN VIOLATION OF MY RIGHT AND THE LAW PER : 15 USC-6802 16 CFR 313.7 16 CFR 433.2 THE PRIVACY ACT OF 1974 the Gramm-Leach-Bliley Act ( GLBA ) The laws and violations implemented are explained below per the CFR, FCRA, USC, The privacy Act of 1974. All of which show clearly that XXXX is in violation and will be legally held responsible for their blatant disregard for my rights as a consumer. I DO NOT GIVE XXXX, XXXX AND OR TRANS UNION PERMISSION TO REPORT MY TRANSACTION HISTORY TO THIRD PARTY NON AFFILIATES, OR THE PUBLIC ON MY CREDIT REPORT. I have made multiple complaints and disputes this year alone and if my request, my rights and the law continues to be ignored then I will have no choice but to seek legal remedy in federal court for their violations per month and damages for slander and invasion of privacy. \n\nMy final demands are as follows which are backed by law. CFR enforces these rights and laws that XXXX fails to abide by. ACTION IS REQUIRED OR LEGAL FILING WITH FEDERAL COURT FOLLOWS. \n\nRemove undeliverable addresses : XXXX XXXX XXXX XXXX Ohio ( never lived there ) Remove invalidated accounts that are not verified and a contract with my wet signature has not been provided to me with full disclosure of the claimed agreement. \n\nSTOP Reporting my transaction history it is an invasion of my Privacy and has caused me mental distress and defamation. \n\nI DO NOT GIVE XXXX, TRANSUNION OR XXXX PERMISSION TO REPORT MY TRANSACTION HISTORY. \n\nXXXX must stop reporting inaccurate information which is deliberate. They are aware that US DEPT OF ED account show {$0.00} balance on Transunion and is completely removed from XXXX. \n\nAll COLLECTION ACCOUNTS MUST BE REMOVED THEY HAVE NOT BEEN VALIDATED AND NO CONTRACT WITH ME AGREEING TO BE IN CONTRACT WITH XXXX XXXX ( TRANSUNION ) OR XXXX XXXX XXXX ( XXXX ) HAS BEEN PROVIDED. \n\nTRANSUNION REMOVED XXXX XXXX AND WITHOUT NOTICE LAST MONTH XXXX PLACED IT BACK ON MY REPORT WITHOUT NOTICE OR PROOF OF ANY SUCH INVESTIGATION. \n\nPayment history and transaction history must be removed and no longer reported for the accounts below. \n\nXXXX XXXX US Dept of ED US Dept of ED XXXX Now XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Lastly Many of these accounts are charged off/written off and are deemed as Income and I should have received a copy of the 1099 from these creditors to file as income. \n\nPRIVACY ACT OF 1974 : The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information : ( 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\n16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods : 313.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples- ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. \n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. \n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\n\n( d ) Joint relationships.\n\n( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).\n\n( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.\n\n( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. \n\n( 5 ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX 's address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX 's address, but you must accept an opt out direction from either XXXX or XXXX. \n\n( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXX 's opt out direction. \n\n( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. \n\n( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. \n\n( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.\n\n( g ) Duration of consumer 's opt out direction.\n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship.\n\n( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9.\n\n( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part.\n\n[ 65 FR 33677, May 24, 2000, as amended at 74 FR 62966, Dec. 1, 2009 ] Privacy Fair Credit Reporting Act Section 603 ( d ) Consumer Report and Information Sharing Section 603 ( d ) defines a consumer report to include information about a consumer such as that which bears on a consumers creditworthiness, character, and capacity among other factors. Communication of this information may cause a person, including a financial institution, to become a consumer reporting agency. The statutory definition contains key exemptions to this definition that enable financial institutions to share this type of information under certain circumstances, without becoming consumer reporting agencies. Specifically, the term consumer report does not include : 1. A report containing information solely as to transactions or experiences between the consumer and the financial institution making the report. A person, including a financial institution, may share information strictly related to its own transactions or experiences with a consumer ( such as the consumers payment history, or an account with the institution ) with any third party, without regard to affiliation, without becoming a consumer reporting agency. This type of information sharing may, however, be restricted under the Privacy of Consumer Financial Information regulations that implement the Gramm- Leach-Bliley Act ( GLBA ) because it meets the definition of non-public personal information under the Privacy regulations ; therefore sharing it with non-affiliated third parties may be subject to an opt out under the privacy regulations. In turn, the FCRA may also restrict activities that the GLBA permits. For example, the GLBA permits a financial institution to share a list of its customers and information such as their credit scores with another financial institution to jointly market or sponsor other financial products or services. This communication may be considered a consumer report under the FCRA and could potentially cause the sharing financial institution to become a consumer reporting agency.\n\n2. Communication of such transaction or experience information among persons, including financial institutions related by common ownership or affiliated by corporate control.\n\n3. Communication of other information ( e.g., other than transaction or experience information ) among persons and financial institutions related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information will be communicated among such entities, and before the information is initially communicated, the consumer is given the opportunity to opt out of the communication.\n\nI expect to have all credit reporting agencies to follow the law and respect my rights. This is my last CFPB complaint the next attempted to resolve this will be in court. \n\nXXXX XXXX","date_sent_to_company":"2023-05-09T12:00:10.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"281XX","tags":null,"has_narrative":true,"complaint_id":"6950891","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-05-09T12:00:05.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["You may either : ( i ) <em>Treat</em> an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) <em>Permit</em> each joint consumer to opt out <em>separately</em>.\n\n( 3 ) If you <em>permit</em> each joint consumer to opt out <em>separately</em>, you must <em>permit</em> one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. \n\n( 5 ) Example."]},"sort":[13.640427,"6950891"]},{"_index":"complaint-public-v1","_id":"8016325","_score":12.298705,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally dispute many items on my credit report that I believe were reported in violation of 15 U.S. Code 1692j, which prohibits \" furnishing certain deceptive forms ''. I'd like to bring your attention to the case # XXXX XXXX XXXX XXXX XXXX XXXX., where the court held that credit reporting agencies must avoid reporting information in a manner that creates a materially misleading impression. Given the precedent set by this case, I kindly request the removal of these accounts from my credit report or its update to reflect a neutral or positive status. Doing so would ensure that my credit report is a fair and accurate representation of my credit history. Below are the referenced accounts that need to be updated to reflect positive and or removed from my credit report. Specifically, the following items on my report are disputed acct listed in document. Per 16 CFR 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ).\n\n( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.\n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchase\ns or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.\n\n( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. [ 42 FR 19490, Apr. 14, 1977, as amended at 42 FR 46510, Sept. 16, 1977 ] 16 CFR 424.1 Unfair or deceptive acts or practices. In connection with the sale or offering for sale by retail food stores of food, grocery products or other merchandise to consumers in or affecting commerce as commerce is defined in section 4 of the Federal Trade Commission Act, 15 U.S.C. 44, it is an unfair or deceptive act or practice in violation of section 5 ( a ) ( 1 ) of the Federal Trade Commission Act, 15 U.S.C. 45 ( a ) ( 1 ), to offer any such products for sale at a stated price, by means of an advertisement disseminated in an area served by any stores which are covered by the advertisement, if those stores do not\nhave the advertised products in stock and readily available to customers during the effective period of the advertisement, unless the advertisement clearly and adequately discloses that supplies of the advertised products are limited or the advertised products are available only at some outlets.\n\n[ 54 FR 35467, Aug. 28, 1989, as amended at 79 FR 70056, Nov. 25, 2014 ] 15 USC 6805 ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). \n( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies.\n\n( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act.\n\n( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. \n( XXXX ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.\n\n( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title.\n\n( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section.\n\n( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ).\n\n( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12.\n\n( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12.\n\n( Pub. L. 106102, title V, 505, Nov. 12, 1999, 113 Stat. 1440 ; Pub. L. 111203, title X, 1093 ( 4 ), ( 5 ), XXXX XXXX XXXX, 124 Stat. 2096, 2097. ) Privacy Act of 1974 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 [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ).\n\n16 CFR 313.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.\n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.\n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\n\n( d ) Joint relationships.\n\n( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).\n\n( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.\n\n( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction.\n\n( 5 ) Example. If XXXX and XXXX  have a joint credit card account with you and arrange for you to send statements to XXXX  's address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX XXXX address, but you must accept an opt out direction from either XXXX  or XXXX.\n\n( ii ) Treat an opt out direction by either XXXX  or XXXX  as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX  to opt out as well before implementing XXXX  's opt out direction.\n\n( iii ) Permit XXXX  and XXXX  to make different opt out directions. If you do so, ( A ) You must permit XXXX  and XXXX  to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX  and not about XXXX  and XXXX  jointly.\n\n( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.\n\n( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.\n\n( g ) Duration of consumer 's opt out direction.\n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. ( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. ( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. [ 65 FR 33677, May 24, 2000, as amended at 74 FR 62966, Dec. 1, 2009 ] 16CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\nor, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\n[ 40 FR 53506, XXXX XXXX XXXX ; 40 FR 58131, XXXX XXXX XXXX ]","date_sent_to_company":"2023-12-17T20:32:29.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"07111","tags":null,"has_narrative":true,"complaint_id":"8016325","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-17T20:32:24.000Z","state":"NJ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["You may either : ( i ) <em>Treat</em> an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) <em>Permit</em> each joint consumer to opt out <em>separately</em>.\n\n( 3 ) If you <em>permit</em> each joint consumer to opt out <em>separately</em>, you must <em>permit</em> one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction.\n\n( 5 ) Example."]},"sort":[12.298705,"8016325"]},{"_index":"complaint-public-v1","_id":"8015162","_score":12.286365,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally dispute many items on my credit report that I believe were reported in violation of 15 U.S. Code 1692j, which prohibits \" furnishing certain deceptive forms ''. I'd like to bring your attention to the case # 21-2632 Chaitoff v. Experian Info. Sol., where the court held that credit reporting agencies must avoid reporting information in a manner that creates a materially misleading impression. Given the precedent set by this case, I kindly request the removal of these accounts from my credit report or its update to reflect a neutral or positive status. Doing so would ensure that my credit report is a fair and accurate representation of my credit history. Below are the referenced accounts that need to be updated to reflect positive and or removed from my credit report. Specifically, the following items on my report are disputed acct listed in document. Per 16 CFR 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ).\n\n( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.\n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.\n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.\n\n( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.\n\n( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.\n\n[ 42 FR 19490, Apr. 14, 1977, as amended at 42 FR 46510, Sept. 16, 1977 ] 16 CFR 424.1 Unfair or deceptive acts or practices.\n\nIn connection with the sale or offering for sale by retail food stores of food, grocery products or other merchandise to consumers in or affecting commerce as commerce is defined in section 4 of the Federal Trade Commission Act, 15 U.S.C. 44, it is an unfair or deceptive act or practice in violation of section 5 ( a ) ( 1 ) of the Federal Trade Commission Act, 15 U.S.C. 45 ( a ) ( 1 ), to offer any such products for sale at a stated price, by means of an advertisement disseminated in an area served by any stores which are covered by the advertisement, if those stores do not have the advertised products in stock and readily available to customers during the effective period of the advertisement, unless the advertisement clearly and adequately discloses that supplies of the advertised products are limited or the advertised products are available only at some outlets.\n\n[ 54 FR 35467, Aug. 28, 1989, as amended at 79 FR 70056, Nov. 25, 2014 ] 15 USC 6805 ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ).\n\n( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies.\n\n( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act.\n\n( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title.\n\n( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.\n\n( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title.\n\n( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section.\n\n( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ).\n\n( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12.\n\n( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12.\n\n( Pub. L. 106102, title V, 505, Nov. 12, 1999, 113 Stat. 1440 ; Pub. L. 111203, title X, 1093 ( 4 ), ( 5 ), July 21, 2010, 124 Stat. 2096, 2097. ) Privacy Act of 1974 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 [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ).\n\n16 CFR 313.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.\n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.\n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\n\n( d ) Joint relationships.\n\n( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).\n\n( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.\n\n( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction.\n\n( 5 ) Example. If XXXX  and XXXX  have a joint credit card account with you and arrange for you to send statements to XXXX  's address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX  's address, but you must accept an opt out direction from either XXXX  or XXXX.\n\n( ii ) Treat an opt out direction by either XXXX  or XXXX  as applying to the entire account. If you do so, and XXXX  opts out, you may not require XXXX  to opt out as well before implementing XXXX  's opt out direction.\n\n( iii ) Permit XXXX  and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX  and XXXX  to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX  opts out and XXXX  does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX  and not about XXXX  and XXXX  jointly.\n\n( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.\n\n( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.\n\n( g ) Duration of consumer 's opt out direction.\n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship.\n\n( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9.\n\n( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part.\n\n[ 65 FR 33677, May 24, 2000, as amended at 74 FR 62966, Dec. 1, 2009 ] 16CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\nor, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\n[ 40 FR 53506, Nov. 18, 1975 ; 40 FR 58131, Dec. 15, 1975 ]","date_sent_to_company":"2023-12-17T20:32:29.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"07111","tags":null,"has_narrative":true,"complaint_id":"8015162","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-12-17T20:32:24.000Z","state":"NJ","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["You may either : ( i ) <em>Treat</em> an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) <em>Permit</em> each joint consumer to opt out <em>separately</em>.\n\n( 3 ) If you <em>permit</em> each joint consumer to opt out <em>separately</em>, you must <em>permit</em> one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction.\n\n( 5 ) Example."]},"sort":[12.286365,"8015162"]},{"_index":"complaint-public-v1","_id":"8107820","_score":11.154341,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On XX/XX/XXXX, we determined that an outside individual gained unauthorized access and obtained certain types of personal information about XXXX XXXX credit card customers and individuals who had applied for our credit card products. On XXXX XXXXXXXX violated the Privacy Act of 1974, 15 USC 6805 ( 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 XXXX of this title, of such financial institutions policies and practices with respect to ( XXXX ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section XXXX of this title, including the categories of information that XXXX be disclosed ; ( XXXX ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution ; and ( XXXX ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section XXXX of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( XXXX ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section XXXX of this title, and including ( A ) the categories of persons to whom the information is or 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. ( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, or the XXXX XXXX XXXX. ( XXXX ) Model forms ( XXXX ) 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. ( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of th is 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 ( XXXX ) or ( XXXX ). ( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX VI, XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX Stat. XXXX, XXXX ; Pub. XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX of opt out notice to consumers ; opt out methods. ( a ) ( XXXX ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply. ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. ( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer. ( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4. ( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically. ( d ) Joint relationships. ( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ). ( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately. ( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers. ( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. ( XXXX ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX 's address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX 's address, but you must accept an opt out direction from either XXXX or XXXX. ( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXX 's opt out direction. ( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. ( XXXX ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( XXXX ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( XXXX ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. ( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. ( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. [ 65 FR 33677, May 24, 2000, as amended at 74 FR 62966, Dec. 1, 2009 ] 16 CFR 313 Privacy of Consumer 16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX or deceptive acts or practices. In connection with the sale or offering for sale by retail food stores of food, grocery products or other merchandise to consumers in or affecting commerce as commerce is defined in section 4 of the Federal Trade Commission Act, 15 U.S.C. 44, it is an unfair or deceptive act or practice in violation of section 5 ( a ) ( 1 ) of the Federal Trade Commission Act, 15 U.S.C. 45 ( a ) ( 1 ), to offer any such products for sale at a stated price, by means of an advertisement disseminated in an area served by any stores which are covered by the advertisement, if those stores do not have the advertised products in stock and readily available to customers during the effective period of the advertisement, unless the advertisement clearly and adequately discloses that supplies of the advertised products are limited or the advertised products are available only at some outlets. [ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2024-01-04T15:04:49.000Z","issue":"Improper use of your report","sub_product":"Other personal consumer report","zip_code":"07111","tags":null,"has_narrative":true,"complaint_id":"8107820","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-01-04T14:58:28.000Z","state":"NJ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["You may either : ( i ) <em>Treat</em> an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) <em>Permit</em> each joint consumer to opt out <em>separately</em>. ( 3 ) If you <em>permit</em> each joint consumer to opt out <em>separately</em>, you must <em>permit</em> one of the joint consumers to opt out on behalf of all of the joint consumers. ( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. ( XXXX ) Example."]},"sort":[11.154341,"8107820"]},{"_index":"complaint-public-v1","_id":"10633005","_score":8.20047,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Complainant : XXXX XXXX XXXX, a belligerent private sector\n\n; Michigan State National, exercising his rights as an account holder and consumer under federal consumer protection and financial laws. Respondent : Gateway Financial Solutions XXXX, headquartered in Michigan, accountable under federal statutes governing consumer finance, bankruptcy proceedings, and identity use protections. Basis for Complaint Federal Jurisdiction and Governing Statutes : Bankruptcy Law : Under Title 11, U.S. Code, governing the handling and disposition of assets post-bankruptcy. Securities Exchange Act of 1934 ( 15 U.S.C. 78j ( b ) ) : Relating to allegations of potential securities fraud. Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028 ) : Addressing misuse of Social Security information. Foreign Agents Registration Act ( 22 U.S.C. 611 et seq. ) : For verifying compliance with federal agency registration. Commerce Clause ( U.S. Constitution, Article I, Section 8 ) : Given the interstate nature of transactions between the parties. Claims and Relief Requested Forensic Audit : Requesting an exhaustive forensic audit covering all transactions between Complainant and Gateway Financial Solutions XXXX, including potential insurance claims, securities transactions, and any misuse of Social Security details. Insurance Inquiry : Disclosure of all insurance claims or any other compensations or bonds claimed by\nGateway Financial Solutions on the Complainants account or transactions.\n\nFee Compliance : Confirmation of adherence to Complainants stated fee schedule for use of sensitive information including Social Security number and contractual data. 1099-C Inquiry : Clarification as to why\nGateway did not initiate a 1099-C Cancellation of Debt after repossession following XXXX  XXXX Bankruptcy discharge.\n\nTransparency Requirement : Demand for detailed disclosure on double-dipping practices or unclaimed funds retained from any endorsed or liquidated securities of the Complainant.\n\nFederal Agency Involvement and Reporting Federal Investigations : Has Gateway Financial Solutions XXXX been subject to any investigations or audits by federal agencies such as the FBI, SEC, or IRS\n\nconcerning the Petitioner 's account? Provide all reports, findings, and related documentation. SEC Reporting : Has Gateway Financial Solutions XXXX filed any reports with the SEC regarding the Petitioner 's securities? If so, please provide copies of these reports and any correspondence with the SEC.\n\nIRS and Debt Reporting : What records does Gateway Financial Solutions XXXX have in relation to any IRS reporting on canceled or discharged debt concerning the Petitioner 's account? Include any IRS correspondence and documentation of compliance with 26 U.S.C. 6050P, if applicable. Additional Compliance and Accountability Federal Trade Commission ( FTC ) Compliance : How does\nGateway Financial Solutions XXXX ensure compliance with the Federal Trade Commission Act and other consumer protection laws in its engagements with the Petitioner? Provide copies of internal compliance policies and any relevant FTC correspondence if any.\n\nFair Credit Reporting Act ( FCRA ) Compliance : Has Gateway Financial Solutions XXXX adhered to FCRA standards in reporting the Petitioner 's XXXX  XXXX Bankruptcy and other credit-related information? Provide evidence of this compliance, including credit reporting records and related correspondence.\n\nEnforcement of Judgments : If a penalty judgment is issued against Gateway Financial Solutions XXXX, does the corporation have assets within the jurisdiction to satisfy this judgment? Provide information on any state or federal assets held within Michigan or another jurisdiction.\n\nNotice of Default for Non-Response Please be advised that any failure to provide complete and specific answers to these questions will be taken as a presumption of non-compliance and evidence of intent to impede Petitioner 's lawful audit and investigative demands. Failure to respond fully and transparently will be considered as an acceptance of default, reinforcing Petitioner 's claims and providing grounds for further legal action and imposition of penalties, as well as the involvement of federal enforcement agencies. \nXXXX, XXXX XXXX XXXX, respectfully reserves the right to invoke all relevant federal and state laws to enforce compliance, initiate a full forensic audit, and seek any additional relief deemed legally appropriate. Under the Fair Credit Reporting Act ( FCRA ), consumer reporting agencies and creditors must ensure the accuracy, fairness, and privacy of information in credit reports. The Complainant asserts his right to a review of\nGateway Financial Solutions XXXX compliance with FCRA standards, specifically regarding : XXXX  XXXX Bankruptcy Reporting : Has Gateway Financial Solutions accurately reported the Complainant 's XXXX  XXXX bankruptcy, and if so,\n\nwas this done in a manner compliant with FCRA standards for accuracy and fairness? Under FCRA, once a debt is discharged in bankruptcy, the account status should reflect a {$0.00} balance and be listed as discharged rather than as an outstanding debt. If Gateway reported otherwise, this could constitute a violation of FCRA guidelines. Right to Remove Negative Reports Post-Bankruptcy Discharge : The Complainant requests removal of any derogatory or negative reports associated with this account now that the debt has been discharged. FCRA allows consumers to dispute any information they believe to be inaccurate, misleading, or unverifiable, particularly following a bankruptcy discharge. Complainant requests evidence from Gateway of its adherence to FCRA standards in reporting this information. Failing to update or correct this information after the bankruptcy discharge may indicate non-compliance. Account Removal from Credit Report : The Complainant asserts his right to request the removal of this account from his credit report under FCRA. This request is based on the debt being discharged in bankruptcy and the potential inaccuracy or harm of continuing to report it in a manner inconsistent with federal guidelines. If Gateway has included inaccurate information or failed to reflect the bankruptcy discharge, FCRA permits the Complainant to request deletion of the account from the credit report entirely. Provision of Supporting Documentation : Gateway Financial Solutions XXXX is requested to provide\n\ndocumented evidence of its compliance with FCRA requirements. This includes copies of credit reporting records, correspondence between Gateway and credit reporting agencies, and records of any updates or disputes processed regarding the account in question. Resolution Sought Removal of XXXX XXXX Bankruptcy and Negative Credit Reporting : Request that Gateway cease reporting derogatory information and remove any records of the XXXX  XXXX bankruptcy from credit reporting agencies if inaccuracies are found or if the report fails to reflect the discharge. Permanent Removal of Account from Credit Report : R equest that Gateway remove the account from the Complainants credit report to prevent further negative impact and ensure full compliance with FCRA standards. Provision of Evidence : Request that Gateway submit all relevant credit reporting records and compliance documentation to confirm its adherence to FCRA requirements. Failure to provide this evidence may support a presumption of non-compliance with FCRA standards. The Complainant reserves the right to pursue further actions, including formal disputes with credit reporting agencies and regulatory complaints if compliance is not demonstrated. For Michigan-specific laws governing vehicle loans, finance charges, and insurance coverage, the following state laws and codes may apply in conjunction with federal statutes like 15 U.S. Code 1605. These Michigan codes address credit disclosures, finance charges, and insurance requirements relevant to vehicle financing : Michigan Consumer Protection Act ( MCPA ) : MCL 445.903 : This section outlines unfair, unconscionable, or deceptive methods in trade or commerce, which can include practices related to vehicle loan agreements, add-ons, and financing terms. If a lender or dealership fails to disclose all costs clearly or includes hidden insurance fees without the borrowers knowledge, it may be considered a violation under this act. Michigan Motor Vehicle Sales Finance Act : MCL 492.101 et seq. : This act regulates retail installment contracts for vehicles and governs disclosures and requirements for dealers and lenders in vehicle sales, including the handling of premiums for any required insurance. MCL 492.117 : Specifically, this section requires that the cost of insurance ( if part of the contract ) be fully disclosed in the installment contract. It also mandates that any insurance coverage must be beneficial to the buyer, often as part of the total financing package. Michigan Insurance Code of 1956 : MCL 500.2101 et seq. : Pertains to the regulation of insurance policies and premiums, especially regarding automotive and loan-related insurance products. Lenders and dealers offering credit insurance as part of the vehicle financing must comply with the Michigan Insurance Code, including the necessity for clear, separate disclosure of any premiums or charges and must avoid charging for insurance or warranties that do not directly benefit the borrower. Michigan Consumer Financial Services Act : MCL 487.2057 : This statute requires finance companies to adhere to truth-in-lending principles and transparent disclosure practices, mirroring elements of federal regulations like the Truth in Lending Act ( TILA ). It mandates that finance charges, including any insurance or fees tied to the loan, be explicitly disclosed as part of the agreement. Michigan Uniform Commercial Code ( UCC ) : MCL 440.3101 et seq. : Governs secured transactions, ensuring that security interests in the vehicle are properly disclosed and registered. This includes any liens or obligations tied to the loan and insurance that protect the lenders interest. Application to Insurance and Premium Inclusion The combination of federal and Michigan law requires : Full Disclosure : The dealership and lender must disclose all finance charges, including insurance premiums or other protective coverage added to the loan. Beneficial Coverage : Any insurance included in the premium must benefit the borrower, protecting their interest in the financed vehicle. Restriction Against Double-Dipping : Michigan law supports the prohibition of double-dipping through additional, unapproved charges ; thus, both the dealership and lender can not add fees without clear, documented borrower consent. These statutes support a fair financing structure where all premiums, insurance, and protection costs are transparently included in the finance charge, with no undisclosed or redundant fees. For any breaches or discrepancies, filing a complaint under both federal and state laws would be appropriate. When a vehicle loan is approved, and the finance agreement includes insurance premiums as part of the total finance charge, the debtor may not need to pay separate insurance costs because these are covered within the loan itself. Heres how this works according to the law : Inclusion in the Finance Charge : 15 U.S. Code 1605 defines a \" finance charge '' to encompass all costs imposed directly or indirectly by the lender as a condition of extending credit, including insurance premiums that protect the lender against borrower default or loss. Specifically, any insurance or guarantee fees required by the lender to protect the loan must be disclosed and included in the total finance charge, which the borrower pays over time through their loan payments. Prepaid Insurance Coverage : If the lender requires insurance as part of the loan, the cost of that insurance should already be included in the loans monthly payment. In practice, the debtors payments cover both the loan principal and finance charges ( interest and insurance ), making separate monthly insurance payments unnecessary. Under Michigans Motor Vehicle Sales Finance Act ( MCL 492.117 ), the lender must clearly disclose the cost of any insurance included in the loan agreement, allowing the borrower to see that insurance is already factored into the financing. Single Obligation for Loan Repayment : Because the insurance premium is incorporated into the total loan amount, the debtor has a single repayment obligation that covers all elements of the financing package ( principal, interest, insurance ). This simplifies repayment and legally binds the lender to treat all covered items as part of the finance charge, which the borrower pays over time. With the insurance cost built into the loan, the borrower should not face any additional insurance expenses unless they choose to purchase additional, optional insurance coverage. Prohibitions Against Double Charging : Michigan law and consumer protection statutes prevent lenders from charging the borrower twice for insurance that has already been covered. By embedding the insurance premium into the finance charge, the lender acknowledges that all necessary protections for the vehicle and loan are satisfied within the approved financing terms. In essence, by legally mandating insurance inclusion in the premium, the law protects borrowers from being billed separately for insurance, as their monthly loan payments already fulfill that obligation. This arrangement not only simplifies payments but also ensures transparency, as the borrower is fully informed about the included insurance costs when they sign the loan agreement.\n\nFair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 ) Under the FCRA, creditors must report information accurately and fairly. While the act primarily outlines consumer rights to dispute inaccuracies, a debtor may argue that continued reporting in violation of FCRA standards entitles the debtor to compensation, especially if the reporting breaches the terms of a Security Agreement that mandates truthful and compliant data sharing. Remedy : Damages for negligent or willful noncompliance, including statutory, punitive, and equitable relief. Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) TILA requires transparent disclosure of credit terms and charges, including any security interests, fees, and terms that may impact a consumers rights. A debtors Security Agreement can stipulate an obligation for full disclosure of reporting practices to prevent unjust enrichment by the creditor. Remedy : The debtor may claim damages for violations of disclosure and seek to apply TILA to backdate protection terms per the Security Agreement. Uniform Commercial Code ( UCC ) - Article 9, Secured Transactions The UCC allows a secured party to establish the debtor 's rights through a Security Agreement, which may state terms applying both retroactively and into the future. If the Security Agreement includes clauses requiring certain standards for reporting and information sharing, the debtor may argue that any deviation constitutes a breach. Remedy : The debtor may charge fees, enforce penalties, or claim damages if credit reporting by the creditor violates these terms, as per UCC provisions on secured transactions and contractual obligations. Equity and Unjust Enrichment Doctrine Equity law allows for remedies in cases where one party unfair ly benefits at anothers expense. If a creditors reporting negatively affects the debtors credit and financial standing, the debtor may seek restitution under unjust enrichment. This principle supports the debtors claim to enforce retroactive provisions of the Security Agreement, including equitable relief or charging fees for harm done. Remedy : The debtor may request restitution, fair compensation, or enforce specific performance to correct any negative impacts caused by the creditors reporting. Contract Law - Breach of Implied Covenant of Good Faith and Fair Dealing Most contracts, including those under UCC provisions, are assumed to operate under the principle of good faith and fair dealing. If a creditors reporting impairs the debtors financial standing and violates the terms of the Security Agreement, the debtor may claim breach of this covenant. Remedy : Compensation for any damages or fees stipulated in the Security Agreement and potential court-ordered remedies. Federal Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 ) FDCPA restricts certain practices by creditors in collecting debts, including the obligation to prevent any reporting that misrepresents or unfairly characterizes the debtors obligations. A Security Agreement with retroactive effect may further strengthen the debtors claim to charge fees for any collection actions that harm the debtors standing. Remedy : Actual damages, legal fees, and statutory penalties for misleading reporting practices. Promissory Estoppel ( Equity Doctrine ) If the creditors reporting contradicts any terms in the Security Agreement that protect the debtor, the debtor may assert that their reliance on the agreement allows for equitable relief under promissory estoppel. This can apply even if reporting is technically accurate if it conflicts with Security Agreement protections. Remedy : Enforcement of compensation or relief as stipulated in the Security Agreement. Uniform Commercial Code ( UCC ) - Article 1, General Provisions ( UCC 1-103 ) UCC 1-103 incorporates principles of law and equity into the UCC framework, meaning that creditors must honor equitable agreements set forth in a Security Agreement. This includes any right the debtor has to charge fees, demand corrections, or require disclosures. Remedy : Equitable relief for any negative reporting impact and enforcement of fees and penalties as per the Security Agreement. Equitable Estoppel If the Security Agreement states that credit reporting protections apply for the lifetime of the debtor, any conflicting actions by the creditor may be challenged under equitable estoppel, preventing the creditor from taking inconsistent actions. Remedy : Preventative or compensatory relief in alignment with Security Agreement terms, including potential removal of negative information or charging fees. These combined legal principles could support the debtors assertion of rights to fees, penalties, and corrections based on past, present, or future terms outlined in a Security Agreement with the creditor, allowing for retroactive enforcement of such protections and equitable remedies.","date_sent_to_company":"2024-10-30T14:48:33.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"482XX","tags":null,"has_narrative":true,"complaint_id":"10633005","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"GFS II, LLC","date_received":"2024-10-30T13:57:01.000Z","state":"MI","company_public_response":null,"sub_issue":"Damage caused or loss of personal items in vehicle during the actual repossession"},"highlight":{"complaint_what_happened":["Federal Agency Involvement and Reporting Federal Investigations : Has Gateway Financial Solutions XXXX been <em>subject</em> to any investigations or audits by federal agencies such as the FBI, SEC, or IRS\n\nconcerning the Petitioner 's account? Provide all reports, findings, and <em>related</em> documentation. SEC Reporting : Has Gateway Financial Solutions XXXX filed any reports with the SEC regarding the Petitioner 's securities?"]},"sort":[8.20047,"10633005"]},{"_index":"complaint-public-v1","_id":"9150425","_score":7.6288886,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"XX/XX/XXXX MY SON AND I WENT IN TO XXXX AS FIRST TIME CAR BUYERS TO MAKE A CONSUMR CREDIT TRANSCTION AWARE OF OUR CONSUMER LAW RIGHTS. \n\nWE WERE NOT PRESENTED WITH NON-DISCLORE FORMS TO OPT-OUT TO CHECK OUR CREDIT NOR EXPLAINED TO US THAT WE COULD COMPARE PRICES. \n\nI'M PERMENTLY XXXX I HAD TO COME BACK THE NEXT DAY AND SIGN SOME PAPERS THE NEXT DAY MY SON HAD THE CAR IN HIS POSSESION BEFORE THE CONTRACT WAS COMPLETED. \n\nWE REQUESTED THE HANDWRITTEN SIGNATURES THEY COULD NOT SUPPLY THEM FOR AUTHENCATIN. \n\nI CALLED AND REQUESTED THOSE FORMS WE WERE DIRECTED TO BRIDGECREST. \n\nWE WERE AIDED INTO PURCHING UNFAIR CHARGES WE WASN'T GIVEN A NON-DESCLOSURE TO OPT-OUT THE GAP, EXTENED WARRANTY AND OTHER BOGUS FEES INCLUDING A DOWNPAYMENT. \n\nWE WERE NEVER CONTACTED PRIOR OF THE REPOSSESION FROM XXXX UNTIL THE DAY OF THE REPOSSESION WICH IN WRITTING WASN'T PRESENTED TO XXXX BEFORE. \n\nTHEY PASSED OUR INFORMATION TO A THIRD PARTY WITHOUT OUR CONSENT WITHOUT CONTACTING US.\n\nTHE TRUTH AND LENDING ACT.\n\nCONSTITUTION OF THE UNITED STATES, UCC and USC, FTC and CONSUMER LAW. \n\nI XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX, Texas the undersigned, make this Affidavit/Declaration of Truth of my own free will, and I hereby affirm, declare and swear, under my oath and under the pains and penalties of perjury under under the laws of the United States of America and XXXX this state, that I am of legal age and of sound mind and hereby attest that the statements, averments and information contained in this Affidavit/Declaration are true and correct to the best of my knowledge. \nThis Affidavit/Declaration of Truth is lawful notification to you, and is hereby made and sent to pursuant to the national Constitution, specifically, the Bill of Rights, in particular, Amendments I, IV, V, VII, IX and X and The Bill of Rights of the Texas Constitution in particular; Article I - Legislative Powers, section 1 Article VII - Official Oaths, section 1, section 5 Article VII - Bill of Rights, where it states ; But no alteration of this constitution shall ever take place, so as to introduce slavery or INVOLUTARY servitude in this state. \nSection XXXX, where it states ; that all men born equally and free and independent, and have certain natural, inherent an unalienable rights ; amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursing and obtaining happiness and SAFETY ; and every free republican government, being founded on their sole authority, and organized for the GREAT PURPOSE OF PROTECTING THERE RIGHTS and LIBERTIES, securing their independence, to effect these ends, THEY HAVE COMPLETE POWER AT ALL TIMES TO ALTER, REFORM ABOLISH their government, whenever they may deem it necessary.\n\nAlso including, but not limited to, sections 3,5,6,7,8,9,16,18,19,25,26 and section 28, which states [ To guard against the transgression of the high powers, WHICH WE HAVE DELEGATED, REMAIN WITH THE PEOPLE, ] Schedule, section 1,3, and 4 And requires your written rebuttal to me in kind, specific to each and every point of the subject matter that herein, written within 14 days, via your own sworn and notarized Affidavit, using true fact, valid law and evidence to support your rebuttal of the specific subject matter stated in this Affidavit/Declaration of Truth. Your are hereby noticed that your failure to respond, as stipulated, and rebut with particularity, and specificity, anything with which you disagree in this Affidavit/Declaration of Truth is, your lawful legal, and binding tactic agreement with, and admission to the fact that everything in this Affidavit/Declaration of Truth is true, correct, legal, lawful, and fully binding upon you in any court in America, without your protest or objection and that of those who represent to you. U.S. V. Tweel, 550 F. 2d. 297. [ Silence can only be equated with fraud where there is a legal or moral duty to speak or where and inquiry left unanswered would be misleading. ] 18 U.S. Code 9 - Vessel of the United States defined The term [ vessel of the United States ], as used in this title, means a vessel belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof.\n\n( June 25, 1948, ch. 645, 62 Stat. 685. ) Truth in Lending Act 15 U.S.C. 1601-1667f, as amended This Act ( Title I of the Consumer Credit Protection Act ) authorizes the Commission to enforce compliance by most non-depository entities with a variety of statutory provisions. Among other requirements, the Act requires creditors who deal with consumers to make certain written disclosures concerning finance charges and related aspects of credit transactions ( including disclosing an annual percentage rate ) and comply with other mandates, and requires advertisements to include certain disclosures. The Act has been amended on numerous occasions, adding requirements for credit cards and open-end credit ; for mortgage credit such as ability to repay standards, loan origination, anti-steering, appraisal independence, and mortgage servicing ; and others. A number of laws amending and enforced under this Act are listed separately.\n\n15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.\n\n( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements.\n\n15 U.S. Code 1635 - Right of rescission as to certain transactions ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section.\n\n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court.\n\n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof.\n\n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the modification or waiver of any rights created under this section to the extent and under the circumstances set forth in those regulations.\n\n( e ) Exempted transactions ; reapplication of provisions This section does not apply to ( 1 ) a residential mortgage transaction as defined in section 1602 ( w ) [ 1 ] of this title ; ( 2 ) a transaction which constitutes a refinancing or consolidation ( with no new advances ) of the principal balance then due and any accrued and unpaid finance charges of an existing extension of credit by the same creditor secured by an interest in the same property ; ( 3 ) a transaction in which an agency of a State is the creditor; or ( 4 ) advances under a preexisting open end credit plan if a security interest has already been retained or acquired and such advances are in accordance with a previously established credit limit for such plan.\n\n( f ) Time limit for exercise of right An obligors right of rescission shall expire three years after the date of consummation of the transaction or upon the sale of the property, whichever occurs first, notwithstanding the fact that the information and forms required under this section or any other disclosures required under this part have not been delivered to the obligor, except that if ( 1 ) any agency empowered to enforce the provisions of this subchapter institutes a proceeding to enforce the provisions of this section within three years after the date of consummation of the transaction, ( 2 ) such agency finds a violation of this section, and ( 3 ) the obligors right to rescind is based in whole or in part on any matter involved in such proceeding, then the obligors right of rescission shall expire three years after the date of consummation of the transaction or upon the earlier sale of the property, or upon the expiration of one year following the conclusion of the proceeding, or any judicial review or period for judicial review thereof, whichever is later.\n\n( g ) Additional relief In any action in which it is determined that a creditor has violated this section, in addition to rescission the court may award relief under section 1640 of this title for violations of this subchapter not relating to the right to rescind.\n\n( h ) Limitation on rescission An obligor shall have no rescission rights arising solely from the form of written notice used by the creditor to inform the obligor of the rights of the obligor under this section, if the creditor provided the obligor the appropriate form of written notice published and adopted by the Bureau, or a comparable written notice of the rights of the obligor, that was properly completed by the creditor, and otherwise complied with all other requirements of this section regarding notice.\n\n( i ) Rescission rights in foreclosure ( 1 ) In general Notwithstanding section 1649 of this title, and subject to the time period provided in subsection ( f ), in addition to any other right of rescission available under this section for a transaction, after the initiation of any judicial or nonjudicial foreclosure process on the primary dwelling of an obligor securing an extension of credit, the obligor shall have a right to rescind the transaction equivalent to other rescission rights provided by this section, if ( A ) a mortgage broker fee is not included in the finance charge in accordance with the laws and regulations in effect at the time the consumer credit transaction was consummated ; or ( B ) the form of notice of rescission for the transaction is not the appropriate form of written notice published and adopted by the Bureau or a comparable written notice, and otherwise complied with all the requirements of this section regarding notice.\n\n( 2 ) Tolerance for disclosures Notwithstanding section 1605 ( f ) of this title, and subject to the time period provided in subsection ( f ), for the purposes of exercising any rescission rights after the initiation of any judicial or nonjudicial foreclosure process on the principal dwelling of the obligor securing an extension of credit, the disclosure of the finance charge and other disclosures affected by any finance charge shall be treated as being accurate for purposes of this section if the amount disclosed as the finance charge does not vary from the actual finance charge by more than {$35.00} or is greater than the amount required to be disclosed under this subchapter.\n\n( 3 ) Right of recoupment under State law Nothing in this subsection affects a consumers right of rescission in recoupment under State law.\n\n( 4 ) Applicability This subsection shall apply to all consumer credit transactions in existence or consummated on or after XX/XX/XXXX. \n\nConsumer Credit Transaction 15 USC 1679a : Definitions For purposes of this subchapter, the following definitions apply : ( 1 ) Consumer The term \" consumer '' means an individual. \n\n( XXXX ) Consumer credit transaction The term \" consumer credit transaction '' means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. \n1. This Rescission notice is made Pursuant to 15 U.S. Code 1662 - Advertising of down payments and installments.\n\nNo advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( 1 ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount.\n\n( 2 that a specified down payment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges down payments in that amount.\n\n( Pub. L. 90321, title I, 142, XX/XX/XXXX, 82 Stat. 158. ) 2. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information.\n\n( 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 XXXX of this title. \n\n\n\n( b ) Opt out ( XXXX ) In general A financial institution XXXX 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\n18 U.S. Code 8 - Obligation or other security of the United States defined.\n\nThe term [ obligation or other security of the United States ] includes all bonds, certificates of indebtedness, XXXX bank XXXX XXXX Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.\n\nA list of some, but not all, of your malfeasance includes violations of the following of United States codes.\n\nUCC 1-308. Performance or Acceptance Under Reservation of Rights.\n\n18 15 U.S. Code 1601- Congressional findings and declaration of purpose.\n\nU.S. Code 8 - Obligation or other security of the United States defined.\n\n15 U.S.C. 1601-1667f, as amended Truth and Lending Act.\n\n15 USC 1679a : Definitions Consumer Credit Transaction.\n\n15 U.S. Code 1662 - Advertising of down payments and installments.\n\n15 U.S. Code 6802 Notice requirements of information / Opt-out.\n\n15 U.S. Code 1635 - Right of rescission as to certain transactions.\n\nSection 2302.354 of the Texas Occupations Code.\n\n43 TEX. ADMIN. CODE 221.112 ( 3 ), ( 18 ) TEX.OCC. CODE 2302.0015 43 TEX. ADMIN. CODE 221.43 ( b ), 221.51 ( e ), 221.71, 221.72, 221.73 and/or221.112 ( 4 ) or ( 5 ) TEX.OCC. CODE 2302.0015 43 TEX. ADMIN. CODE 221.43 ( b ), 221.51 ( e ), 221.71, 221.72, 221.73 and/or221.112 ( 4 ) or ( 5 ) 808. Fair Debt Collection Practices Act.\n\n809. Validation of debts Fair Debt Collection Practices Act.\n\nSection 808 of the Fair Debt Collection Practices Act","date_sent_to_company":"2024-06-05T12:10:31.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"770XX","tags":null,"has_narrative":true,"complaint_id":"9150425","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Bridgecrest Acceptance Corporation","date_received":"2024-06-03T00:17:37.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Notice to repossess"},"highlight":{"complaint_what_happened":["Among other requirements, the Act requires creditors who deal with consumers to make <em>certain</em> written disclosures concerning finance charges and <em>related</em> aspects of credit transactions ( including disclosing an annual percentage rate ) and comply with other mandates, and requires advertisements to include <em>certain</em> disclosures."]},"sort":[7.6288886,"9150425"]},{"_index":"complaint-public-v1","_id":"11309833","_score":6.720582,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX, XXXX Represents Person The Living Man On the behalf of FOR : XXXX XXXX XXXX REPRESENTATIVE I have received the following copy of my credit report and the information provided to me in this article are inaccurate and I ask for the Company thats listed below in this document to Update my credit Report on All the Accounts listed on my credit report and to send a copy of the validation of debt letter to my mailing address I have not received any information on the investigation the credit report companys here XXXX, XXXX, Equifax have not did a proper investigation on these accounts on my credit I have not received any copy of the 1099C I have sent my copy to these Companies listed on my credit report the account have been paid in full and the 1099C that was filed on my behalf by these Companies listed on my credit report o have not received any copy from the companies that is reporting negative information on my credit report and by The Truth in Lending Act ( TILA ) is a federal law that requires lenders to disclose information about loans to consumers. The TILA aims to protect consumers from unethical lending practices and make it easier for consumers to compare loans and credit costs. The TILA applies to both \" closed-end credit '' and \" open-end credit ''. \" Closed-end credit '' includes car loans and home mortgages, while \" open-end credit '' includes credit cards and home equity lines of credit 15 USC 1601 AND BY LAW FCRA 605B in accordance with the Fair Credit Reporting Act this creditor has violated my rights under 15 USC 1681 section 602 states I have the right to privacy ( 15 USC 1681 section 604a section 2 ) it also states a consumer reporting agency can not furnish an account without my written instructions under 15 USCS 1666b a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.\n\n15 USC 1681i ( e ) Treatment of complaints and report to Congress ( 1 ) In general The Commission [ 1 ] shall ( A ) compile all complaints that it receives that a file of a consumer that is maintained by a consumer reporting agency described in section 1681a ( p ) of this title contains incomplete or inaccurate information, with respect to which, the consumer appears to have disputed the completeness or accuracy with the consumer reporting agency or otherwise utilized the procedures provided by subsection ( a ) ; and ( B ) transmit each such complaint to each consumer reporting agency involved.\n\n( 2 ) Exclusion Complaints received or obtained by the Bureau pursuant to its investigative authority under the Consumer Financial Protection Act of 2010 shall not be subject to paragraph ( 1 ).\n\n15 U.S. Code 1 - Trusts, etc., in restraint of trade illegal ; penalty Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Everyperson who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding {>= $1,000,000} if a corporation, or, if any other person, {>= $1,000,000}, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court. \n( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX15 U.S. Code 1692g\n- 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 theconsumer 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 thedebt 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 currentcreditor.\n\n( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumerrequests the name and address of the original creditor, the debt collector shall cease collection of thedebt, 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 originalcreditor, 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 theconsumers right to dispute the debt or request the name and address of the original creditor.\n\n( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. \n\nXXXX XXXX XXXX Account Number : XXXX XXXX XXXX XXXX please Delete ALL these accounts immediately XXXX  Account XXXX XXXX XXXX XXXX XXXX  Account XXXXXXXX XXXX XXXX XXXX XXXX Account Name : XXXX XXXX Account Number XXXX Account Name : XXXX XXXX Account Number XXXX 12 CFR 1026.13 - Billing error resolution.\n\n1026.13 Billing error resolution.\n\n( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.\n\n( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.\n\n( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.\n\n( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account.\n\n( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.\n\n( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.\n\n( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required.\n\n( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error.\n\n( c ) Time for resolution ; general procedures.\n\n( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditorhas complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited.The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditorshall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumerowes all or part of the disputed amountand related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumerin writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amountas delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amountor account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all personsto whom the creditor has made a report.\n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.\n\n[ 76 FR 79772, Dec. 22, 2011, as amended at 81 FR 84369, Nov. 22, 2016 15 U.S. Code 1611 - Criminal liability for willful and knowing violation.\n\nWhoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) 18 U.S. Code 1028A - Aggravated identity theft ( a ) Offenses.\n\n( 1 ) In general.\n\nWhoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.\n\n( 2 ) Terrorism offense.\n\nWhoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\n( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.\n\n( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the acquisition of a firearm ) ; ( 4 ) any provision contained in this chapter ( relating to fraud and false statements ), other than this section or section 1028 ( a ) ( 7 ) ; ( 5 ) any provision contained in chapter 63 ( relating to mail, bank, and wire fraud ) ; ( 6 ) any provision contained in chapter 69 ( relating to nationality and citizenship ) ; ( 7 ) any provision contained in chapter 75 ( relating to passports and visas ) ; ( 8 ) section 523 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6823 ) ( relating to obtaining customer information by false pretenses ) ; ( 9 ) section 243 or 266 of the Immigration and Nationality Act ( 8 U.S.C. 1253 and 1306 ) ( relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card ) ; ( 10 ) any provision contained in chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) ( relating to various immigration offenses ); or ( 11 ) section 208, 811, 1107 ( b ), 1128B ( a ), or 1632 of the Social Security Act ( 42 U.S.C. 408, 1011, 1307 ( b ), 1320a7b ( a ), and 1383a ) ( relating to false statements relating to programs under the Act ).\n\n( Added Pub. L. 108275, 2 ( a ), July 15, 2004, 118 Stat. 831. ) 15 U.S. Code 1692c - Communication in connection with debt.\n\n12 U.S. Code 1431 - Powers and duties of banks ( a ) Borrowing money ; issuing bonds and debentures ; general powers Each XXXX XXXX XXXX XXXX shall have power, subject to rules and regulations prescribed by theDirector, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all things necessary for carrying out the provisions of this chapter and all things incident thereto.\n\n( b ) Issuance of consolidated XXXX XXXX XXXX XXXX debentures ; restrictions The Office of Finance, as agent for the Banks, may issue consolidated XXXX XXXX XXXX XXXX debentures which shall be the joint and several obligations of all XXXX XXXX XXXX XXXX organized and existing under this chapter, in order to provide funds for any such bank or banks, and such debentures shall be issued upon such terms and conditions as such Office may prescribe. No such debentures shall be issued at any time if any of the assets of any XXXX XXXX XXXX XXXX are pledged to secure any debts or subject to any lien, and neither the Office of Finance nor any XXXX XXXX XXXX XXXX shall have power to pledge any of the assets of any XXXX XXXX XXXX XXXX or voluntarily to permit any lien to attach to the same while any of such debentures so issued are outstanding. The debentures issued under this section and outstanding shall at no time exceed five times the total paid-in capital of all the XXXX XXXX XXXX XXXX XXXXs of the time of the issue of such debentures. It shall be the duty of the Office of Finance not to issue debentures under this section in excess of the notes or obligations of member institutions held and secured under section 1430 ( a ) of this title by all the XXXX XXXX XXXX XXXX. \n( c ) Issuance of XXXX XXXX XXXX XXXX  bonds At any time that no debentures are outstanding under this chapter, or in order to refund all outstanding consolidated debentures issued under this section, the Office of Finance, as agent for the Banks, may issue consolidated XXXX XXXX XXXX XXXX  bonds which shall be the joint and several obligations of all the XXXX XXXX XXXX XXXX, and shall be secured and be issued upon such terms and conditions as such Office may prescribe.\n\nFCRA 605B FCRA section 604 ( a ) ( 3 ) 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies.\n\n( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.\n\n( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonableperson to have substantial doubts about the accuracy of the information.\n\n( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumermay request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of theconsumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institutionoffering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met.\n\n( ii ) Banking agencies ( I ) In general If a financial institutionis supervised by aFederal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.\n\n( II ) Feedback An appropriate Federal banking agency shall provide feedback to afinancial institution within 120 days of a request for approval under subclause ( I ).\n\n( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.\n\n.\n\n15 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.\n\n( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended wit 15 U.S. Code 78i - Manipulation of security prices For a consideration, received directly or indirectly from a broker, dealer, security-based swap dealer, major security-based swap participant, or other person selling or offering for sale or purchasing or offering topurchase the security, a security-based swap, or security-based swap agreement with respect to such security, to induce thepurchase of any security registered on a national securitiesexchange, any security not so registered, any security-based swap, or any security-based swap agreement with respect to suchsecurity by the circulation or dissemination of information to the effect that the price of any such security will or is likely to rise or fall because of the market operations of any 1 or morepersons conducted for the purpose of raising or depressing the price of such security.\n\n( 6 ) To effect either alone or with one or more other persons any series of transactions for the purchase and/or sale of anysecurity other than a governmentsecurity for the purpose of pegging, fixing, or stabilizing the price of such security in contravention of such rules and regulations as the Commissionmay prescribe as necessary or appropriate in the public interest or for the protection of investors.\n\n( b ) Transactions relating to puts, calls, straddles, options, futures, or security-based swaps It shall be unlawful for any personto effect, in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors ( 1 ) any transaction in connection with any security whereby any party to such transaction acquires ( A ) any put, call, straddle, or other option or privilege of buying the security from or selling the security to another without being bound to do so ; ( B ) any security futures product on the security ; or ( C ) any security-based swapinvolving the security or theissuer of the security ; ( 2 ) any transaction in connection with any security with relation to which such person has, directly or indirectly, any interest in and It shall be unlawful for any person, directly 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. Code 1681b - Permissible purposes of consumer reports 7 U.S. Code 1736e - Debt forgiveness 15 U.S. Code 1635 - Right of rescission as to certain transactions 15 U.S. Code 1692c - Communication in connection with debt.\n\n( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to thedebt 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, adebt collector shall assume that the convenient time for communicating with a consumeris after 8 oclock antemeridian and before 9 oclock postmeridian, local time at the consumers location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the attorney fails to respond within a reasonable period of time to acommunication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumers place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communication.\n\n18 U.S. Code 8 - Obligation or other security of the United States defined The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.\n\n( June 25, 1948, ch. 645, 62 Stat. 685. ) 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 theconsumer 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 theconsumer or reseller.\n\n( B ) Extension of period to reinvestigate Except as provided in subparagraph ( C ), the 30-day period described in subparagraph ( A ) may be extended for not more than 15 additional days if the consumer reporting agencyreceives information from theconsumer during that 30-day period that is relevant to the reinvestigation.\n\n( C ) Limitations on extension of period to reinvestigate Subparagraph ( B ) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph ( A ), the information that is the s","date_sent_to_company":"2024-12-28T23:01:59.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"11309833","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-12-28T21:56:27.000Z","state":"NE","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["A creditor may be <em>subject</em> to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) <em>Permitted</em> creditor actions."]},"sort":[6.720582,"11309833"]},{"_index":"complaint-public-v1","_id":"9693547","_score":6.611667,"_source":{"product":"Credit card","complaint_what_happened":"I am an XXXX and XXXX in this company. I am a living XXXX of legal age and XXXX of this account. I have given more than XXXX notices. Any and all forms of your power of attorney have been removed. This account is supposed to be in billing error status. Several notices have been sent to your office and indentured trustee at XXXX XXXX. You have received XXXX from myself and the IRS. Instead of honoring the billing error status and honoring the request that funds owed to the noteholder are returned, you instead took actions to close the account and suspend spending abilities. Thats considered adverse action and is unlawful. \nSeveral registered securities ( negotiable instruments ) have been sent to the indenture trustee and your office. Those securities were kept and not returned. However, my account was not credited. Thats considered mail fraud, security fraud, theft, and unjust enrichment and shall be reported to the proper authorities if I do not receive remedy immediately. \n\nYou're getting money from the treasury through your clearinghouse using my name and social security number then pretending like you gave me a loan or credit when in reality I gave you a loan or credit. \n\nSecuritization Of Accounts & Security Violations I know that you are trading my account via the security exchange through your XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX. I know that you have securitized and transferred my contract and application to and through your Trust and paying agents. I will hold everyone who has sold or received the notes/securities accountable. My contract and application are considered securities that youre selling. As a certificate holder or noteholder, I'm demanding an asset representation review. I want the allonge for every transaction involving the selling of my securities. \n\nYour XXXX and prospectus filed with the XXXX states that youre supposed to cancel out all debt for the prior year. Youre supposed to credit my account for any balance in excess of {$1.00} according to XXXX XXXX XXXX. Youre supposed to transfer it to my bank account every month via the Electronic Funds Transfer Act. You're supposed to settle out my balance at the end of every month. That the statement that I receive monthly is for a dividend. \nWith that being said, no consideration was given to me and you just assumed that everything was a gift. I am the only one not being paid in this transaction. Even after I brought it to your attention that I wanted my funds back and wanted to receive my payments as written in your documents, you continued to steal from me. Thats unjust enrichment, racketeering, and the fact that youre doing it to so many customers, its considered organized crime. It's also tax evasion since I know you haven't reported any of your earnings on my old securities or the new ones you received recently to the IRS. \n\nYou were recently fined {>= $1,000,000} by the OCC and I understand why. Banks like you don't deserve to be in business and interact with customers the way that you're stealing from us. It's one thing for someone to be oblivious and not care, but if someone is conscious and brings it to your attention it should be addressed and that person should be given what they ask for because it rightfully belongs to them. \n\nXXXX XXXX XXXX The primary assets of the trust are receivables in designated consumer American Express revolving credit card accounts and receivables generated with the use of revolving credit features associated with certain other American Express credit card accounts and, in the future, may include other charge or credit accounts or features or products. The receivables consist of principal receivables and finance charge receivables. \n\nThird Amended and Indenture Exhibit 4.5 Section 4.07 Payment of Interest ; Interest Rights Preserved ; Withholding Taxes. ( a ) Unless otherwise provided with respect to such Note pursuant to Section 4.01, interest payable on any Registered Note will be paid to the Person in whose name that Note ( or one or more Predecessor Notes ) is registered at the close of business on the most recent Record Date and interest payable on any Bearer Note will be paid to the bearer of that Note ( or the applicable coupon ). \n\nSection 4.08 Persons Deemed Owners. Title to any Bearer Note, including any coupons appertaining thereto, shall pass by delivery. The Issuer, the Indenture Trustee, the Owner Trustee, a Beneficiary and any agent of the Issuer, the Indenture Trustee, the Owner Trustee, or a Beneficiary may treat the Person who is proved to be the owner of such Note pursuant to subsection 1.04 ( c ) as the owner of such Note for the purpose of receiving payment of principal of and ( subject to Section 4.07 ) interest on such Note and for all other purposes whatsoever, whether or not such Note be overdue, and none of the Issuer, the Indenture Trustee, the Owner Trustee, or any agent of the Issuer, the Indenture Trustee, the Owner Trustee, or any Beneficiary will be affected by notice to the contrary. \n\n11.01 Payment of Principal and Interest. With respect to each Series, Class or Tranche of Notes, the Issuer will duly and punctually pay the principal of and interest on such Notes in accordance with their terms, this Indenture and any related Indenture Supplement, and will duly comply with all the other terms, agreements and conditions contained in, or made in this Indenture and any related Indenture Supplement for the benefit of, the Notes of such Series, Class or Tranche. The payment of principal and interest on each Series, Class or Tranche of Notes will be primarily based on the performance of the Receivables and, except for interest rate or currency mismatches, will not be contingent on market or credit events that are independent of the Receivables.\n\nSection 11.03 Money for Note Payments to be Held in Trust. The Paying Agent, on behalf of the Indenture Trustee, will make distributions to Noteholders from the Collection Account or other applicable Issuer Account pursuant to the provisions of any Indenture Supplement and will report the amounts of such distributions to the Indenture Trustee. Any Paying Agent will have the revocable power to withdraw funds from the Collection Account or other applicable Issuer Account for the purpose of making the distributions referred to above.\n\nThe Issuer will cause each Paying Agent ( other than the Indenture Trustee ) for any Series, Class or Tranche of Notes to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent will agree with the Indenture Trustee ( and if the Indenture Trustee acts as Paying Agent, it so agrees ), subject to the provisions of this Section 11.03, that such Paying Agent will : ( a ) hold all sums held by it for the payment of principal of or interest on Notes of such Series, Class or Tranche in trust for the benefit of the Persons entitled thereto until such sums will be paid to such Persons or otherwise disposed of as herein provided ; ( b ) if such Paying Agent is not the Indenture Trustee, give the Indenture Trustee notice of any default by the Issuer ( or any other obligor upon the Notes of such Series, Class or Tranche ) in the making of any such payment of principal or interest on the Notes of such Series, Class or Tranche ; ( e ) comply with all requirements of the Internal Revenue Code or any other applicable tax law with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith. \nThe Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture with respect to any Series, Class or Tranche of Notes or for any other purpose, pay, or by an Officers Certificate direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by the Issuer or such Paying Agent in respect of each and every Series, Class or Tranche of Notes as to which it seeks to discharge this Indenture or, if for any other purpose, all sums so held in trust by the Issuer in respect of all Notes, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by the Issuer or such Paying Agent ; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent will be released from all further liability with respect to such money. \n\nAny money deposited with the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of or interest on any Note of any Series, Class or Tranche and remaining unclaimed for XXXX years after such principal or interest has become due and payable will be paid to the Issuer upon request in an Officers Certificate, or ( if then held by the Issuer ) will be discharged from such trust ; and the Holder of such Note will thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease. The Indenture Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer give to the Holders of the Notes as to which the money to be repaid was held in trust, as provided in Section 1.06, a notice that such funds remain unclaimed and that, after a date specified in the notice, which will not be less than 30 days from the date on which the notice was first mailed or published to the Holders of the Notes as to which the money to be repaid was held in trust, any unclaimed balance of such funds then remaining will be paid to the Issuer free of the trust formerly impressed upon it. \n\nUCC Violations I have sent you several signed securities pursuant to UCC Article 3 in which you have not credited to my account nor returned the securities ( instruments ). According to the Federal Reserve Act Section 29, you are in violation and I am owed Civil Money Penalties. I have all the receipts from where I sent you securities via registered mail. My next step is to report those securities stolen to the Postmaster, UPU, Comp Controller, FTC, and the SEC. \n\nOpting Out I'm opting out of all negative reporting until further notice. Per the FCRA, as a federally protected consumer, I am now opting out of any and all authorization, I, the consumer, may have given you written, unwritten, verbal, and non-verbal per 15 USC 6802. Effective Immediately.\n\n12 CFR 1026.11 ( 15 usc 1666 a, b, c, d ) - Treatment of credit balances ; account termination. \n( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within XXXX business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than XXXX months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. \n( b ) Account termination. \n( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. \n( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. \n( c ) Timely settlement of estate debts ( 1 ) General rule. \n( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. \n( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. \n( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner.\n\n( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely.\n\n( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ).\n\n( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.\n\n12 CFR 1026.13 - Billing error resolution.\n\n( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.\n\n( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.\n\n( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.\n\n( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account.\n\n( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.\n\n( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.\n\n( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required.\n\n( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error.\n\n( c ) Time for resolution ; general procedures.\n\n( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.\n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.\n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ).\n\n( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.\n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.\n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.\n\n( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.\n\n( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-08-02T16:07:59.000Z","issue":"Trouble using your card","sub_product":"General-purpose credit card or charge card","zip_code":"34601","tags":null,"has_narrative":true,"complaint_id":"9693547","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-08-02T15:24:16.000Z","state":"FL","company_public_response":null,"sub_issue":"Can't use card to make purchases"},"highlight":{"complaint_what_happened":["A creditor may be <em>subject</em> to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) <em>Permitted</em> creditor actions."]},"sort":[6.611667,"9693547"]},{"_index":"complaint-public-v1","_id":"8154838","_score":6.3932633,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis is furnishing an alleged bankruptcy without my permission. My name is my copyrighted intellectual property and using it without my permission is against federal law. LexisNexis is also violating privacy laws by furnishing my information for profit. As a federally protected consumer I have the right to privacy. I did not ask for validation but proof that I consented to my information being shared. LexisNexis is required to furnish proof that I contracted with them to sell my personal information for profit. LexisNexis has provided no such documents. \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 XXXX and XXXX XXXX XXXX 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 XXXX XXXX XXXX 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 XXXX and XXXX XXXX or the Inspector General of the Department XXXX XXXX and XXXX XXXX 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( 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( 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, XXXX, 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 XXXX, XXXX, 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( 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( 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( 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( 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\n\n\n( a ) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A ( a ), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter ( other than section 506 ), any reference to copyright shall be deemed to include the rights conferred by section 106A ( a ). As used in this subsection, the term anyone includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity. \n( b ) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright. \n( c ) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection ( c ) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection ( b ) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station. \n( d ) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111 ( c ) ( 3 ), the following shall also have standing to sue : ( i ) the primary transmitter whose transmission has been altered by the cable system ; and ( ii ) any broadcast station within whose local service area the secondary transmission occurs.\n\n( e ) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119 ( a ) ( 3 ), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection ( b ) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station.\n\n( f ) ( 1 ) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection ( b ) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station.\n\n( 2 ) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122 ( a ) ( 2 ), to enforce that television broadcast stations rights under section 338 ( a ) of the Communications Act of 1934.","date_sent_to_company":"2024-01-13T20:12:03.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8154838","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-01-13T19:43:36.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["The court may require the joinder, and shall <em>permit</em> the intervention, of any person having or claiming an interest in the copyright."]},"sort":[6.3932633,"8154838"]},{"_index":"complaint-public-v1","_id":"8893196","_score":6.307179,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Notice of Complaint 12 C.F.R. 1016.7 states that, A consumer may exercise the right to opt out at any time.\n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, c\n\nredit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my reports under any circumstances. This serves as lawful notice. Under 5 of the FTC Act, the Commission expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule.\nEquifax has denied me access to my credit report, even after I sent my license with my correct address displayed Equifax still refused to allow me to access my credit report.\n\nIt is illegal to report income Per the Fair Credit Reporting Act.\n\n12 C.F.R. 1022.42 Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities.\n\n( b ) Guidelines. Each furnisher must consider the guidelines in appendix E of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate.\n\n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness.\n\n12 C.F.R. 1026.10 Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section.\n\n( b ) Specific requirements for payments ( 1 ) General rule. A creditor may specify reasonable requirements for payments that enable most consumers to make conforming payments.\n\n( 2 ) Examples of reasonable requirements for payments. Reasonable requirements for making payment may include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( 3 ) of this section ), provided that such cut-off times shall be no earlier than 5 p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in U.S. dollars; or ( v ) Specifying one particular address for receiving payments, such as a post office box.\n\n( 3 ) In-person payments on credit card accounts ( i ) General. Notwithstanding 1026.10 ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding 1026.10 ( b ) ( 2 ) ( ii ), a card issuer may impose a cut-off time earlier than 5 p.m. for such payments, if the close of business of the branch or office is earlier than 5 p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( 3 ) of this section, financial institution shall mean a bank, savings association, or credit union.\n\n( 4 ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( 4 ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this 1026.10, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five days of receipt.\n\n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge.\n\n( c ) Adjustment of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle.\n\n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( 1 ) General. Except as provided in paragraph ( d ) ( 2 ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor may generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail.\n\n( 2 ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor may not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( e ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor.\n\n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account during the 60-day period following the date on which the change took effect.\n\nThe Privacy Act of 1974, also known as 5 U.S. Code 552a, is a United States federal law that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( 1 ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information.\n\n( 2 ) Notice : Agencies must provide public notice of their systems of records through publication in the Federal Register.\n\n( 3 ) Consent : Disclosure of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure.\n\n( 4 ) Access and Amendment : Individuals have the right to seek access to and amendment of their records.\n\n( 5 ) Record-Keeping Requirements : The Act sets forth various requirements for agencies regarding record-keeping.\n\n15 U.S. Code 1681 : ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 1681a Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] 15 U.S. Code 1681c ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' 15 U.S. Code 1825 ( 2 ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section 1823 of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than three years, or both.\n\nUnder 807 of the Fair Debt Collection Practices Act False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 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. ( 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. ( 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. ( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\nUnder 812 of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this sub-chapter.\n\n15 U.S. Code 6801 : ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6802 : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S. Code 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S. Code 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S. Code 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6803 : ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred 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 October 13, 2006.\n\n( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). ( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) 15 U.S. Code 6804 ( 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 sub-chapter 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. Code 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. ( 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 sub-chapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this sub-chapter 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. Code 5519 ( a ) ]. ( D ) Rule of construction. Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this sub-chapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, see attachments for full complaint","date_sent_to_company":"2024-05-01T02:04:07.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30043","tags":null,"has_narrative":true,"complaint_id":"8893196","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-05-01T02:04:05.000Z","state":"GA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to <em>treat</em> a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees <em>related</em> to method of payment."]},"sort":[6.307179,"8893196"]},{"_index":"complaint-public-v1","_id":"8893108","_score":6.305659,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Notice of Complaint 12 C.F.R. 1016.7 states that, A consumer may exercise the right to opt out at any time.\n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, credit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my reports under any circumstances. This serves as lawful notice.\n\nUnder 5 of the FTC Act, the Commission expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule. \nXXXX has denied me access to my credit report, even after I sent my license with my correct address displayed XXXX still refused to allow me to access my credit report. \nIt is illegal to report income Per the Fair Credit Reporting Act. \n12 C.F.R. 1022.42 Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities.\n\n( b ) Guidelines. Each furnisher must consider the guidelines in appendix E of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate.\n\n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness.\n\n12 C.F.R. 1026.10 Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section.\n\n( b ) Specific requirements for payments ( 1 ) General rule. A creditor may specify reasonable requirements for payments that enable most consumers to make conforming payments.\n\n( 2 ) Examples of reasonable requirements for payments. Reasonable requirements for making payment may include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( 3 ) of this section ), provided that such cut-off times shall be no earlier than 5 p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in U.S. dollars; or ( v ) Specifying one particular address for receiving payments, such as a post office box.\n\n( 3 ) In-person payments on credit card accounts ( i ) General. Notwithstanding 1026.10 ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding 1026.10 ( b ) ( 2 ) ( ii ), a card issuer may impose a cut-off time earlier than 5 p.m. for such payments, if the close of business of the branch or office is earlier than 5 p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( 3 ) of this section, financial institution shall mean a bank, savings association, or credit union.\n\n( 4 ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( 4 ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this 1026.10, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five days of receipt.\n\n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge.\n\n( c ) Adjustment of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle.\n\n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( 1 ) General. Except as provided in paragraph ( d ) ( 2 ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor may generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail.\n\n( 2 ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor may not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( e ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor.\n\n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account during the 60-day period following the date on which the change took effect.\n\nThe Privacy Act of 1974, also known as 5 U.S. Code 552a, is a United States federal law that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( 1 ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information.\n\n( 2 ) Notice : Agencies must provide public notice of their systems of records through publication in the Federal Register.\n\n( 3 ) Consent : Disclosure of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure. \n( XXXX ) XXXX and XXXX : Individuals have the right to seek access to and amendment of their records. \n( XXXX ) Record-Keeping Requirements : The XXXX sets forth various requirements for agencies regarding record-keeping. \nXXXX XXXX XXXX XXXX : ( a ) Accuracy and fairness of credit reporting The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \n( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. \n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter. \n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 1681a Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] 15 U.S. Code 1681c ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' 15 U.S. Code 1825 ( 2 ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section 1823 of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than three years, or both.\n\nUnder 807 of the Fair Debt Collection Practices Act False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 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. ( 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. ( 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. ( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\nUnder 812 of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this sub-chapter.\n\n15 U.S. Code 6801 : ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6802 : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S. Code 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S. Code 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S. Code 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6803 : ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( XXXX ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred 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 October 13, 2006.\n\n( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). ( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) 15 U.S. Code 6804 ( 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 sub-chapter 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. Code 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. ( 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 sub-chapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this sub-chapter 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. Code 5519 ( a ) ]. ( D ) Rule of construction. Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this sub-chapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, see attachments for full complaint","date_sent_to_company":"2024-05-01T02:03:44.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30043","tags":null,"has_narrative":true,"complaint_id":"8893108","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-05-01T01:00:15.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to <em>treat</em> a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees <em>related</em> to method of payment."]},"sort":[6.305659,"8893108"]},{"_index":"complaint-public-v1","_id":"8893197","_score":6.3025303,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Notice of Complaint 12 C.F.R. 1016.7 states that, A consumer may exercise the right to opt out at any time.\n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, credit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my reports under any circumstances. This serves as lawful notice.\n\nUnder 5 of the FTC Act, the Commission expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule. \nXXXX has denied me access to my credit report, even after I sent my license with my correct address displayed XXXX still refused to allow me to access my credit report. \nIt is illegal to report income Per the Fair Credit Reporting Act. \n12 C.F.R. 1022.42 Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities.\n\n( b ) Guidelines. Each furnisher must consider the guidelines in appendix E of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate.\n\n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness.\n\n12 C.F.R. 1026.10 Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section.\n\n( b ) Specific requirements for payments ( 1 ) General rule. A creditor may specify reasonable requirements for payments that enable most consumers to make conforming payments.\n\n( 2 ) Examples of reasonable requirements for payments. Reasonable requirements for making payment may include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( 3 ) of this section ), provided that such cut-off times shall be no earlier than 5 p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in U.S. dollars; or ( v ) Specifying one particular address for receiving payments, such as a post office box.\n\n( 3 ) In-person payments on credit card accounts ( i ) General. Notwithstanding 1026.10 ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding 1026.10 ( b ) ( 2 ) ( ii ), a card issuer may impose a cut-off time earlier than 5 p.m. for such payments, if the close of business of the branch or office is earlier than 5 p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( 3 ) of this section, financial institution shall mean a bank, savings association, or credit union.\n\n( 4 ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( 4 ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this 1026.10, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five days of receipt.\n\n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge.\n\n( c ) Adjustment of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle.\n\n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( 1 ) General. Except as provided in paragraph ( d ) ( 2 ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor may generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail.\n\n( 2 ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor may not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( e ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor.\n\n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account during the 60-day period following the date on which the change took effect.\n\nThe Privacy Act of 1974, also known as 5 U.S. Code 552a, is a United States federal law that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( 1 ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information.\n\n( 2 ) Notice : Agencies must provide public notice of their systems of records through publication in the Federal Register.\n\n( 3 ) Consent : Disclosure of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure.\n\n( 4 ) Access and Amendment : Individuals have the right to seek access to and amendment of their records.\n\n( 5 ) Record-Keeping Requirements : The Act sets forth various requirements for agencies regarding record-keeping.\n\n15 U.S. Code 1681 : ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. \n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 1681a Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] 15 U.S. Code 1681c ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' 15 U.S. Code 1825 ( 2 ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section 1823 of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than three years, or both.\n\nUnder 807 of the Fair Debt Collection Practices Act False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( 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. ( 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. ( 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. ( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\nUnder 812 of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this sub-chapter.\n\n15 U.S. Code 6801 : ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect agai\nnst unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6802 : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S. Code 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S. Code 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S. Code 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6803 : ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumer\ns, 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 October 13, 2006.\n\n( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). ( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) 15 U.S. Code 6804 ( 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 sub-chapter 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. Code 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. ( 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 sub-chapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this sub-chapter 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. Code 5519 ( a ) ]. ( D ) Rule of construction. Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this sub-chapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, see attachments for full complaint","date_sent_to_company":"2024-05-01T02:04:07.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30043","tags":null,"has_narrative":true,"complaint_id":"8893197","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-05-01T02:04:05.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to <em>treat</em> a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees <em>related</em> to method of payment."]},"sort":[6.3025303,"8893197"]},{"_index":"complaint-public-v1","_id":"12173612","_score":6.057827,"_source":{"product":"Debt or credit management","complaint_what_happened":"USA PATRIOT Act Customer Identification Program Notice XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX USA PATRIOT Act Customer Identification Program Notice Important Information You Need to Know About Opening A New Account To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an account. \nTypes of Information You Will Need to Provide When you open an account, we are required to collect information such as the following from you : Your name Date of birth Address Identification number XXXXXXXX XXXX : taxpayer identification number ( Social Security Number ) XXXX XXXX XXXX taxpayer identification number, passport number and country of issuance, XXXX  identification card number, or government-issued identification showing nationality, residence and a photograph of you. \nYou may also need to show your driver 's license or other identifying documents. \nIf Your Identity Can not Be Verified We may not be able to open an account for you. \nWe thank you for your patience and hope that you will support the financial industry 's efforts to deny terrorists and money launderers access to America 's financial system. \n\nXXXX XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX Truth in Savings Disclosure for Certificate of Deposit FIXED RATE INFORMATION The interest rate on your account is 0.10 % with an annual percentage yield ( APY ) of 0.10 %. You will be paid this rate until maturity. \nCOMPOUNDING AND CREDITING Interest will be compounded annually and will be credited to your account annually. The annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. If you close your account before interest is credited, you will not receive the accrued interest. \nMINIMUM BALANCE REQUIREMENTS You must deposit {$510.00} to open this account. \nBALANCE COMPUTATION METHOD We use the daily balance method to calculate interest on your account. This method applies a daily periodic rate to the principal in the account each day. \nACCRUAL ON NONCASH DEPOSITS Interest begins to accrue on the business day you deposit noncash items ( for example, checks ). \nTRANSACTION LIMITATIONS You may not make deposits into your account until the maturity date. You may not make withdrawals from your account until the maturity date. \nMATURITY DATE Your account will mature on XX/XX/XXXX. \nEARLY WITHDRAWAL PROVISIONS Withdrawals made prior to maturity may be assessed a penalty of 90 days interest. If the CD closes before interest is credited to the CD, the customer will not receive the interest, which may result in a loss of principal due to penalty. \nRENEWAL POLICIES Your account will not automatically renew at maturity. If you do not renew the account, your deposit will be paid to you by check. \nADDITIONAL INFORMATION The rate ( s ) and annual percentage yield ( s ) disclosed above were offered within the most recent seven calendar days, and were accurate as of XX/XX/XXXX. To obtain current rate and annual percentage yield information, please call ( XXXX ) XXXX. \n\nTerms and Conditions Terms and Conditions : Time Deposit Agreement- This document, along with your Truth in Savings disclosure for Certificate of Deposit, account selection form, Certificate Receipt, Privacy Notice, and other disclosures provided to you, constitutes our agreement with you regarding your Time Deposit. You have agreed to keep the funds on deposit until maturity. If your account has not matured, any withdrawal of all or part of the funds from your account may result in an early withdrawal penalty. We will consider requests for early withdrawal and, if granted, the penalty provided in the schedule will apply. \nPenalty - The early withdrawal penalty is calculated as a forfeiture of part of the accrued interest that has or would be earned on the account. If your account has not yet earned enough interest so that the penalty can be deducted from earned interest, or if the interest has already been paid, the difference will be deducted from the principal amount of your account. \nWithdrawals - Generally, unless clearly indicated otherwise on the account records, any of you, acting alone, who sign to open the account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you ( until we receive written notice to the contrary ) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to this account or any other transaction with us. \nExceptions - We may let you withdraw money from your account before the maturity date without an early withdrawal penalty : ( 1 ) when one or more owners on the account dies or is determined legally incompetent by a court or other administrative body of competent jurisdiction; or ( 2 ) when the account is an individual retirement account ( IRA ) established in accordance with Title 26 U.S.C. Section 408 and the money is paid within seven ( 7 ) calendar days after the account is opened ; or ( 3 ) when the account is a XXXX XXXX  ( XXXX ), if you forfeit at least the interest earned on the withdrawn funds ; or ( 4 ) if the time deposit is an XXXX XXXX XXXX XXXX established pursuant to Title 26 U.S.C. Section 408 or Title 26 U.S.C. Section 401, when you reach age XXXX XXXX or become disabled; or ( 5 ) within an applicable grace period ( if any ). \nRight of Setoff - Subject to applicable law, we may exercise our right of setoff that we are entitled to exercise under common law, under this agreement and under statute, or security interest to recover amounts you owe us from any and all accounts you maintain with us without notice to you, except that this provision does not apply to any XXXX XXXX XXXX certain trust accounts ( but excluding XXXX XXXX accounts ), or health savings accounts. We may exercise our right of setoff for any liability or debt of any of you, whether joint or individual, whether direct or contingent, whether now or hereafter existing, and whether arising from overdrafts, endorsements, guarantees, loans, attachments, garnishments, levies, attorneys fees, or other obligations. \nNotice of Amendments - You agree that from time to time we may amend the terms and conditions of this agreement, including without limitation all rates, fees, and charges, to the extent permitted by law. We will notify you of amendments as required by law. \nPayment of Interest - Interest will be compounded annually and will be credited to your account annually. Please see your Truth in Savings disclosures for the current rate and policies.\n\nAdditional Deposits - You may not make additional deposits to your time account.\n\nYour Deposit You agree that instead of holding your deposit in a deposit account with us, we may act as your agent and place your funds into a deposit account held by us on your behalf at another financial institution. The same terms as apply to your deposit with us will apply to any funds deposited by us on your behalf at another financial institution, including any assignment of deposit account that you execute with us. You can contact us at XXXX to find out at which financial institution your funds have been placed. Regardless of where your funds are placed, you will continue to access your funds through your account with us. You further grant us authority to execute such documents on your behalf as may be necessary to transfer and maintain your funds at another insured financial institution.\n\nFDIC Insurance Subject to the provisions of this section, the funds in your account will be FDIC-insured up to the limits provided by applicable law. FDIC insurance currently covers deposit accounts in any insured bank up to {$250000.00}. If, acting as your agent, we place your funds at another insured financial institution, any deposits you otherwise maintain at such financial institution in the same ownership capacity as the funds in your account will be combined with your account funds for purposes of determining your FDIC insurance coverage limit. Therefore, if you have funds on deposit at any financial institution that, when combined with the funds in your account, would be in excess of {$250000.00}, please notify us immediately by calling XXXX and identify the financial institution. As long as proper and timely notification is provided to us, the funds in your account will continue to be FDIC-insured up to the limits provided by applicable law. \n\nFACTS Why? \nFinancial Companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do. \nWhat? \nThe types of personal information we collect and share depend on the product or service you have with us. This information can include : Social Security Number and Income Account Balances and Payment History Credit History and Credit Scores When you are no longer our customer, we continue to share your information as described in this notice. \nHow? \nAll financial companies need to share customer 's personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customer 's personal information ; the reasons XXXX XXXX, XXXX. chooses to share ; and whether you can limit this sharing. \nWHAT DOES XXXX XXXX XXXXXXXX. DO WITH YOUR PERSONAL INFORMATION? \nReasons we can share your personal information For our everyday business purposes such as to process your transactions, maintain your account ( s ), respond to court orders and legal investigations, or report to credit bureaus Yes No Does XXXX XXXX XXXX. Share? \nYes For joint marketing with other financial companies Yes Can you limit this sharing? \nNo No No We don't share We don't share We don't share For our marketing purposes to offer our products and services to you For our affiliates everyday business purposes Yes No For our affiliates to market to you No For nonaffiliates to market to you No Questions? Call ( XXXX ) XXXX or go to XXXX  information about your transactions and experiences For our affiliates everyday business purposes information about your creditworthiness XXXX XXXX Who we are Who is providing this notice? \nXXXXXXXX XXXX  XXXX. \nWhat we do How does XXXX XXXX, XXXX. protect my personal information? \nTo protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. \nHow does XXXX XXXX, XXXX. collect my personal information? \nWe collect your personal information, for example, when you Open an Account or Deposit Money Pay your bills or Apply for a loan Make a wire transfer We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. \nWhy can't I limit all sharing? \nFederal law gives you the right to limit only Sharing for affiliates everyday business purposes- information about your creditworthiness, Affiliates from using your information to market to you, sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. \nDefinitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. \nOur affiliates include financial companies such as University XXXX XXXX XXXX XXXX XXXX. \nNonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. \nXXXX XXXX, XXXX. does not share with nonaffiliates so they can market to you. \nJoint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. \nOur joint marketing partners include a credit card companies. \n\nCovered Borrower Identification Statement Borrower : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, FL XXXX Lender : XXXX XXXX XXXXXXXX. \nXXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX ( XXXX ) XXXX COVERED BORROWER IDENTIFICATION STATEMENT Federal law provides important protections to XXXX XXXX XXXX  of the XXXX XXXX and their dependents. To ensure that these protections are provided to eligible applicants, we require you to sign one of the following statements as applicable : I AM a XXXX XXXX XXXX XXXX  of the XXXX, XXXX, XXXX XXXX, XXXX XXXX, or XXXX XXXX, serving on XXXX XXXXXXXX XXXX XXXX XXXX  or order that does not specify a period of 30 days or fewer. \nBORROWER : XXXX XXXX XXXX Date I AM a dependent of a member of the XXXX XXXX on XXXX XXXX as described above, because I am the members spouse, the members child under the age of XXXX XXXX XXXX or I am an individual for whom the member provided more than one-half of my financial support for 180 days immediately preceding todays date. \nBORROWER : XXXX XXXX XXXX Date I AM NOT a regular or reserve member of the XXXX, XXXX, XXXX XXXX, XXXX XXXX, or XXXX XXXX, serving on XXXX XXXX under a call or order that does not specify a period of 30 days or fewer. \nBORROWER : XXXX XXXX XXXXXXXX XX/XX/XXXX XXXX XXXX Date WARNING : It is important to fill out this form accurately. Knowingly making a false statement on a credit application is a CRIME. \n\nDisclosure Statement DISCLOSURE STATEMENT Principal Loan Date Maturity Loan No. Account {$510.00} XX/XX/XXXX XX/XX/XXXX XXXX XXXX References in the boxes above are for Lenders use only and do not limit the applicability of this document to any particular loan or item. \nBorrower : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, FL XXXX Lender : XXXX XXXX XXXX \nXXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX ( XXXX ) XXXX ANNUAL PERCENTAGE RATE The cost of my credit as a yearly rate. \nFINANCE CHARGE The dollar amount the credit will cost me. \nAmount Financed The amount of credit provided to me or on my behalf. \nTotal of Payments The amount I will have paid after I have made all payments as scheduled. \n{$600.00} 15.92 % {$89.00} {$510.00} PAYMENT SCHEDULE. My payment schedule will be XXXX  monthly payments of {$25.00} each, beginning XX/XX/XXXX. \nSECURITY. I am giving security interest in XXXX XXXX XXXX XXXX XXXX with XXXX with an approximate balance of {$510.00}. \nPREPAYMENT. If I pay off early, I will not have to pay a penalty. \nREQUIRED DEPOSIT. The Annual Percentage Rate does not take into account my required deposit. \nLATE CHARGE. If a payment is 15 days or more late, I will be charged 5.00 % of the payment. \nI will look at my contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds. \nI read and was given a completed copy of this Disclosure Statement on XX/XX/XXXX, prior to signing the note. \nBorrower : XXXX XXXX XXXX XXXX XXXX Itemization of Amount Financed of {$510.00} Amount paid directly to your Certificate of Deposit : {$510.00} Deposited to Certificate of Deposit Number : XXXX Administrative Fee : Prepaid Finance Charge : {$0.00} Note Principal : {$510.00} Total amount paid to your Certificate of Deposit : {$510.00} Account Type Definitions XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX BS SINGLE-PARTY ACCOUNT WITHOUT P.O.D. ( PAYABLE ON DEATH ) DESIGNATION : The party to the account owns the account. On the death of the party, ownership of the account passes as a part of the partys estate under the partys will or by intestacy. \nSINGLE-PARTY ACCOUNT WITH P.O.D. ( PAYABLE ON DEATH ) DESIGNATION : The party to the account owns the account. On the death of the party, ownership of the account passes to the P.O.D. beneficiaries of the account. The account is not a part of the partys estate. \nEnter the name or names of the P.O.D. beneficiaries and their addresses : Name Addresses : I acknowledge that I have read each paragraph of this Notice and affirm that I selected the account type next to which my initials are found. \nXXXX XXXX XX/XX/XXXX Signature Date Collateral Receipt COLLATERAL RECEIPT Principal Loan Date Maturity Loan No. Account {$510.00} XX/XX/XXXX XX/XX/XXXX XXXX XXXX References in the boxes above are for Lenders use only and do not limit the applicability of this document to any particular loan or item. \nXXXX : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  XXXX, FL XXXX Lender : Sunrise Banks, XXXX. \nXXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX ( XXXX ) XXXX DESCRIPTION OF COLLATERAL Certificate of Deposit Number XXXX with Lender with an approximate balance of {$510.00} By signing below, you acknowledge that the Collateral described above will be used to open an account ( the Collateral Account ) that will be held as collateral against your Note # XXXX. \nOnce the Promissory Note you signed is paid off in full, if there is any balance held in the Collateral Account, it will be sent back to you ( \" XXXX '' ). \nXXXX : XXXX XXXX XXXX XXXX XXXX XXXX Signature Card XXXX XXXX XXXX. ( XXXX ) XXXX XXXX Account Owner Name & Address XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, FL XXXX Account Open Date Account Number XX/XX/XXXX XXXX Backup Withholding Certifications Ownership Type Individual Initial Deposit {$510.00} Term 24 Months The types of accounts provided by Minnesota law have been disclosed on the separate Single-Party or Multiple-Party Account Selection Form Notice ( Selection Form Notice ), on which the undersigned have initialed to designate the ownership type selected. The undersigned acknowledge ( s ) receipt of a copy of the completed Selection Form Notice.\n\nOther ( If not a \" U.S. Person '', certify foreign status separately ) By signing signature field ( XXXX ) on this document, I certify under penalties of perjury that the statements made in this section are true and that I am a XXXX XXXX or other XXXX person ( as defined in the instructions ). \nTaxpayer I.D . Number ( TIN ) - XXXX The Taxpayer Identification Number ( TIN ) shown is my correct taxpayer identification number. \nExempt Recipients. I am an exempt recipient under the Internal Revenue Service Regulations. Exempt payee code ( if any ) FATCA Code. The FATCA code entered on this form ( if any ) indicating that I am exempt from FATCA reporting is correct. FATCA code ( if any ) Signature ( XXXX ). The undersigned certifies the accuracy of the information he/she has provided and acknowledges receipt of a completed copy of this form. The undersigned authorizes the financial institution to verify credit and employment history and/or have a credit reporting agency prepare a credit report on the undersigned, as individuals. The undersigned also acknowledges the receipt of a copy and agrees to the terms of the following agreement ( XXXX ) and/ or disclosure ( s ) : Backup Withholding. I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. \nThe Internal Revenue Service does not require your consent to any provision of this document other than the certifications required to avoid backup withholding. \nTerms & Conditions Truth In Savings Privacy Certificate Receipt XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX Negative Information Disclosure NEGATIVE INFORMATION DISCLOSURE Principal Loan Date Maturity Loan No. Account {$510.00} XX/XX/XXXX XX/XX/XXXX XXXX XXXX References in the boxes above are for Lenders use only and do not limit the applicability of this document to any particular loan or item. \nBorrower : XXXX XXXX XXXX XXXX XXXX TER XXXX XXXX, FL XXXX Lender : Sunrise Banks, XXXX. \nXXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX ( XXXX ) XXXX We XXXX report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. \nI read and understood this Negative XXXX XXXX on XX/XX/XXXX. \nBorrower : X XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ACCOUNT Principal Loan Date Maturity Loan No. Account {$510.00} XX/XX/XXXX XX/XX/XXXX XXXX XXXX References in the boxes above are for Lenders use only and do not limit the applicability of this document to any particular loan or item. \nXXXX : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  XXXX, FL XXXX Lender : Sunrise Banks, XXXX. \nXXXX XXXX XXXX XXXX XXXX XXXX, MN XXXX ( XXXX ) XXXX INDEX. The following index is for convenience purposes only and is not to be used to interpret or to define any provisions of this Agreement. \n1. DEFINITIONS ( A ) Account ( B ) Agreement ( C ) Borrower ( D ) Collateral ( E ) Event of Default ( F ) Grantor ( G ) Guaranty ( H ) Indebtedness ( I ) Lender ( J ) Note ( K ) Property ( L ) Related Documents 2. ASSIGNMENT 3. COLLATERAL DESCRIPTION 4. RIGHT OF SETOFF 5. GRANTOR 'S REPRESENTATIONS AND PROMISES WITH RESPECT TO THE COLLATERAL ( A ) Ownership ( B ) Right to Grant Security Interest ( C ) No Prior Assignment ( D ) No Further Transfer ( E ) No Defaults ( F ) Proceeds ( G ) Validity ; Binding Effect ( H ) Financing Statements 6. LENDER 'S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE COLLATERAL 7. LENDER 'S EXPENDITURES 8. LIMITATIONS ON OBLIGATIONS OF LENDER 9. DEFAULT 10. RIGHTS AND REMEDIES ON DEFAULT ( A ) Accelerate Indebtedness ( B ) Application of Account Proceeds ( C ) Transfer Title ( D ) Other Rights and Remedies ( E ) Deficiency Judgment ( F ) Election of Remedies ( G ) Cumulative Remedies 11. MISCELLANEOUS PROVISIONS ( A ) Amendments ( B ) Attorneys ' Fees ; Expenses ( C ) Caption Headings ( D ) Governing Law ( E ) Choice of Venue ( F ) No Waiver by Lender ( G ) Notices ( H ) Power of Attorney ( I ) Severability ( J ) Successors and Assigns ( K ) Survival of Promises ( L ) Time is of the Essence 1. DEFINITIONS. The following words shall have the following meanings when used in this Agreement : ( A ) Account. The word \" Account '' means the deposit account ( s ) described in the \" Collateral Description '' section.\n\n( B ) Agreement. The word \" Agreement '' means this Assignment of Deposit Account, as this Assignment of Deposit Account may be amended or modified from time to time, together with all exhibits and schedules attached to this Assignment of Deposit Account from time to time. \n( C ) Borrower. The word \" Borrower '' means XXXX XXXX and includes all co-signers and co-makers signing the Note and all their successors and assigns. \n( D ) Collateral. The word \" Collateral '' means all of Grantor 's right, title and interest in and to all the Collateral as described in the Collateral Description section of this Agreement.\n\n( E ) Event of Default. The words \" Event of Default '' mean any of the events of default set forth in this Agreement in the default section of this Agreement.\n\n( F ) Grantor. The word \" Grantor '' means XXXX XXXX. \n( G ) Guaranty. The word \" Guaranty '' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note.\n\n( H ) Indebtedness. The word \" Indebtedness '' means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Grantor is responsible under this Agreement or under any of the Related Documents.\n\n( I ) Lender. The word \" Lender '' means XXXX XXXX, XXXX, its successors and assigns. The words \" successors or assigns '' mean any person or company that acquires any interest in the Note. \n( J ) Note. The word \" Note '' means the note or credit agreement dated XX/XX/XXXX, in the principal amount of {$510.00} from XXXX XXXX to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of and substitutions for the note or credit agreement. \n\n( K ) Property. The word \" Property '' means all of Grantor 's right, title and interest in and to all the Property as described in the \" Collateral Description '' section of this Agreement.\n\n( L ) Related Documents. The words \" Related Documents '' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. \nTHIS ASSIGNMENT OF DEPOSIT ACCOUNT dated XX/XX/XXXX, is made and executed between XXXX XXXX ( \" XXXX '' ) and XXXX XXXX XXXX XXXX \" XXXX '' ). \nXXXX. ASSIGNMENT. For valuable consideration, Grantor assigns and grants to Lender a security interest in the Collateral, including without limitation the deposit account ( s ) described below, to secure the Indebtedness and agrees that Lender shall have the rights stated in this Agreement with respect to the Collateral, in addition to all other rights which Lender may have by law. \nXXXX. COLLATERAL DESCRIPTION. The word \" Collateral '' means the following described deposit account ( s ) ( \" Account '' ) : Certificate of Deposit Number XXXX with Lender with an approximate balance of {$510.00} together with ( A ) all interest, whether now accrued or hereafter accruing ; ( B ) all additional deposits hereafter made to the Account ; ( C ) any and all proceeds from the Account ; and ( D ) all renewals, replacements and substitutions for any of the foregoing. \n4. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Grantor 's accounts with Lender ( whether checking, savings, or some other account ). This includes, without limitation, all accounts Grantor holds jointly with someone else and all accounts Grantor may open in the future. However, this does not include any XXXX XXXX XXXXXXXX accounts, or any trust accounts for which setoff would be prohibited by law. Grantor authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the Indebtedness against any and all such accounts. \n5. GRANTOR 'S REPRESENTATIONS AND PROMISES WITH RESPECT TO THE COLLATERAL. Grantor represents and promises to Lender that : ( A ) Ownership. Grantor is the lawful owner of the Collateral free and clear of all loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing.\n\n( B ) Right to Grant Security Interest. Grantor has the full right, power, and authority to enter into this Agreement and to transfer the Collateral to Lender.\n\n( C ) No Prior Assignment. Grantor has not previously granted a security interest in the Collateral to any other creditor.\n\n( D ) No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor 's rights in the Collateral except as provided in this Agreement.\n\n( E ) No Defaults. There are no defaults relating to the Collateral, and there are no offsets or counterclaims to the same. Grantor will strictly and promptly do everything required of Grantor under the terms, conditions, promises, and agreements contained in or relating to the Collateral.\n\n( F ) Proceeds. Any and all replacement or renewal certificates, instruments, or other benefits or proceeds related to the Collateral that are received by Grantor shall be held by Grantor in trust for Lender and immediately shall be delivered by Grantor to Lender to be held as part of the Collateral.\n\n( G ) Validity ; Binding Effect. This Agreement is binding upon Grantor and Grantor 's successors and assigns and is legally enforceable in accordance with its terms.\n\n( H ) Financing Statements. Grantor authorizes Lender to file a UCC financing statement, or alternatively, a copy of this Agreement to perfect Lender 's security interest. At Lender 's request, Grantor additionally agrees to sign all other documents that are necessary to perfect, protect, and continue Lender 's security interest in the Property. Grantor will pay all filing fees, title transfer fees, and other fees and costs involved unless prohibited by law or unless Lender is required by law to pay such fees and costs. Grantor will promptly notify Lender of any change to Grantor 's name or the name of any individual Grantor, any individual who is a partner for a Grantor, and any individual who is a trustee or settlor or trustor for a Grantor under this Agreement. Grantor will also promptly notify Lender of any change to the name that appears on the most recently issued, unexpired driver 's license or state-issued identification card, any expiration of the most recently issued driver 's license or state-issued identification card for XXXX or any individual for whom Grantor is required to provide notice regarding name changes.\n\n6. LENDER 'S RIGHTS AND OBLIGATIONS WITH RESPECT TO THE COLLATERAL.\n\nWhile this Agreement is in effect, Lender may retain the rights to possession of the Collateral, together with any and all evidence of the Collateral, such as certificates or passbooks. This Agreement will remain in effect until ( a ) there no longer is any Indebtedness owing to Lender ; ( b ) all other obligations secured by this Agreement have been fulfilled ; and ( c ) Grantor, in writing, has requested from Lender a release of this Agreement.\n\n7. LENDER 'S EXPENDITURES. If Grantor fails ( A ) to keep the Collateral free of all taxes, liens, security interests, encumbrances, and other claims, ( B ) to provide any required insurance on the Collateral, or ( C ) to make repairs to the Collateral then Lender may do so. If any action or proceeding is commenced that would materially affect Lender 's interests in the Collateral, then Lender on Grantor 's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender 's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender 's option, will ( A ) be payable on demand ; ( B ) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either ( 1 ) the term of any applicable insurance policy ; or ( 2 ) the remaining term of the Note ; or ( C ) be treated as a balloon payment which will be due and payable at the Note 's maturity. The Agreement also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had.\n\n8. LIMITATIONS ON OBLIGATIONS OF LENDER. Lender shall use ordinary reasonable care in the physical preservation and custody of any certificate or passbook for the Collateral but shall have no other obligation to protect the Collateral or its value. In particular, but without limitation, Lender shall have no responsibility ( A ) for the collection or protection of any income on the Collateral ; ( B ) for the preservation of rights against issuers of the Collateral or against third persons ; ( C ) for ascertaining any maturities, conv","date_sent_to_company":"2025-02-22T15:47:41.000Z","issue":"Charged upfront or unexpected fees","sub_product":"Credit repair services","zip_code":"34207","tags":null,"has_narrative":true,"complaint_id":"12173612","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Self Financial Inc.","date_received":"2025-02-22T15:39:42.000Z","state":"FL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Right of Setoff - <em>Subject</em> to applicable law, we may exercise our right of setoff that we are entitled to exercise under common law, under this agreement and under statute, or security interest to recover amounts you owe us from any and all accounts you maintain with us without notice to you, except that this provision does not apply to any XXXX XXXX XXXX <em>certain</em> trust accounts ( but excluding XXXX XXXX accounts ), or health savings accounts."]},"sort":[6.057827,"12173612"]},{"_index":"complaint-public-v1","_id":"6695583","_score":6.031712,"_source":{"product":"Student loan","complaint_what_happened":"There is nothing in any of these Promissory Contracts that allows or permits AES/PHEAA to send as many notices as they want. Most of their employees become aggressive, angry, hateful, and vengeful towards me when I defend my rights. PHEAA is bound by Regulatory requirements which are being violated as pointed out in the previous complaint. My understanding of the signing of these Contracts was that one notice would be sufficient. PHEAA is stepping over the line by over-sending notices. PHEAA 's ignorance to the matter only subjugates their profound censorship of the truth. PHEAA is hereby put on notice to CEASE AND DESIST WITH ALL NOTICES ABOUT DELINQUENCY to both BORROWER AND COSIGNER. \n\nIn this Credit Agreement, the words I, me, my, and mine mean the person ( s ) who signed this Credit Agreement as Borrower and Cosigner. The words you, your, yours, and Lender mean XXXX XXXX  XXXX, its successors and assigns, and any other holder of this Credit Agreement. School means the school named at the top of the first page of this Credit Agreement. The servicer means the Lender or any entity it designates to service my loan. \nA. PROMISE TO PAY : I promise to pay to you the principal sum of the Loan Amount Requested shown on the first page of this Credit Agreement, to the extent it is advanced to me or paid on my behalf, and any Loan Origination Fee added to my loan ( see Paragraph F ) ( together the Principal Sum ), interest on such Principal Sum, interest on any unpaid interest added to the Principal Sum and late fees ( see Paragraph E.6 ).\n\nB. IMPORTANT READ THIS CAREFULLY : 1. When you receive my signed Credit Agreement, you are not agreeing to lend me money. If you decide to make a loan to me, you will electronically transfer the loan funds to the School for me, mail a loan check to the School for me, or mail a loan check directly to me. You have the right to not make a loan or to lend an amount less than the Loan Amount Requested. I agree to accept an amount less than the Loan Amount Requested and to repay that portion of the Loan Amount Requested that you actually lend to me along with interest and all other amounts I owe ( see Paragraph A ). \nYou have the right to disburse my loan through an agent. At your option, you may also make any loan check co-payable to me and the Cosigner or to me and the School.\n\n2. HOW I AGREE TO THE TERMS OF THIS LOAN. By signing this Credit Agreement, and submitting it to the Lender, I am requesting that you make this loan to me in an amount equal to the Loan Amount Requested plus any Loan Origination Fee described in Paragraph F of this Credit Agreement. If you approve this request and agree to make this loan, you will notify me in writing and provide me, as required by law, with one Disclosure Statement at the time of the first disbursement or a Disclosure Statement at the time of each disbursement. Each Disclosure Statement is incorporated herein by reference and made a part hereof. Each Disclosure Statement will tell me the amount of the loan that you have approved, the amount of the Loan Origination Fee, and other important information. I will let you know that I agree to the terms of the loan as set forth in this Credit Agreement and in each Disclosure Statement by doing either of the following : ( a ) endorsing or depositing the check that disburses the loan proceeds; or ( b ) allowing the loan proceeds to be used by or on behalf of the student Borrower without objection. Upon receipt of each Disclosure Statement, I will review it and notify you in writing if I have any questions. If I am not satisfied with the terms of my loan as disclosed in a Disclosure Statement that covers my entire loan amount, I may cancel my loan by giving you a written cancellation notice within ten ( 10 ) days after I receive the Disclosure Statement. If I am not satisfied with the terms of my loan as disclosed in a Disclosure Statement that covers only one of multiple disbursements of my loan, to cancel the disbursement covered by that Disclosure Statement, I will give you a written cancellation notice within ten ( 10 ) days after I receive the Disclosure Statement and I understand that unless I withdraw from the School or I or my School specifies otherwise, the cancellation of any disbursement will not cancel any future disbursements. Previous disbursements may not be canceled under any circumstances. I understand that I must repay, in accordance with the terms of this Credit Agreement, all amounts disbursed but not canceled. If loan proceeds have been disbursed, I agree that I will immediately return the canceled disbursement to you, will not endorse any check that disburses the loan proceeds to be canceled, and will instruct the School to return the canceled disbursement to you. If I give notice of cancellation but do not cause the return of the disbursement as stated above, the disbursement will not be canceled and I will be in default of this Credit Agreement. ( See Paragraph I. ) C. DEFINITIONS : 1. Disbursement Date means the date or dates on which you lend money to me in consideration for my Credit Agreement and will be the date ( s ) shown on any loan check you prepare or the date ( s ) you initiate any electronic funds transfer.\n\n2. The Deferment Period will begin on the first Disbursement Date and end on the Deferment End Date.\n\n3. Deferment End Date means the date specified below for the applicable loan program ( the applicable loan program is stated on the first page of this Credit Agreement ).\n\n( a ) Undergraduate Alternative Loan Program : If I have elected the Immediate Repayment option ( the applicable repayment option is stated on the first page of this Credit Agreement ), there is no Deferment Period, and my first payment will be 30-60 days after the final disbursement of my loan. If I have elected the Interest Only repayment option ( the applicable repayment option is stated on the first page of this Credit Agreement ), then interest payments will begin 30-60 days after the first disbursement of my loan, the Deferment End Date will be the date the student Borrower first graduates or ceases to be enrolled at least half-time in the School ( or another school participating in this loan program ), and principal and interest payments will begin 30-60 days after that date. In any event, if I have elected the Interest Only repayment option, the Deferment End Date will be no more than 5 years after the first Disbursement Date. If I have elected the Full Deferral repayment option ( the applicable repayment option is stated on the first page of this Credit Agreement ), then the Deferment End Date will be 180 days after the date the student Borrower first graduates or ceases to be enrolled at least half-time in the School ( or another school participating in this Loan Program ). In any event, if I have elected the Full Deferral repayment option, the Deferment End Date will be no more than 5 years after the first Disbursement Date. For borrowers who chose the Interest Only or full Deferral repayment options, joint and serial ( associates to bachelors ) degree recipients may continue in-school deferment while completing their second degree, up to the 5-year or 5 -year maximum. Regardless of the repayment option I chose and after the Deferment End Date, this loan may be eligible upon written request for deferment periods of up to five ( 5 ) years total ( Additional Deferment ) as long as the student Borrower is enrolled at least half time to complete an undergraduate or graduate degree ( at a school participating in this loan program ) or begins a medical internship or residency program. The Servicer may treat any notice of a revised graduation date or of new enrollment as my written request for Additional Deferment. You will capitalize ( see Paragraph D.3 ) accrued and unpaid interest as of the end of each deferment period. All such capitalized interest shall be repaid with the principal balance.\n\n( b ) Graduate Professional Education Loan Program : The Deferment End Date will be 180 days after the student Borrower graduates or ceases for any other reason to be enrolled at least half-time in the School ( or another school participating in this Loan Program ), but no more than 4 years after the first Disbursement Date ; provided, however, that if the student Borrower begins a medical residency or internship during the Deferment Period, then the Deferment Period will end 180 days after the day the residency or internship ends, but no more than 8 years after the first Disbursement Date.\n\n( c ) Health Professions Education Loan Program : The Deferment End Date will be 270 days after the student Borrower graduates or ceases for any other reason to be enrolled at least half-time in the School ( or another school participating in this Loan Program ), but no more than 6 years after the first Disbursement Date ; provided, however, that if the student Borrower begins a medical residency or internship during the Deferment Period, then the Deferment Period will end 270 days after the day the residency or internship ends, but no more than 10 years after the first Disbursement Date.\n\n( d ) Residency Loan Program : The Deferment End Date will be 270 days after the student Borrower ceases for any reason to be enrolled in a medical residency or internship, but no more than 4 years after the Disbursement Date.\n\n4. The Repayment Period begins the day after the Deferment Period ends. If there is no Deferment Period for my loan, the Repayment Period will begin when my loan is fully disbursed. The Repayment Period is 20 years ( 25 years for loans with a Principal Sum of {$40000.00} or more ) unless monthly payments equal to the minimum monthly payment amount ( See Paragraph E.2 ) will repay all amounts owed in less than 20 years, in which case the Repayment Period will be the number of months necessary to pay in full the amount I owe at the minimum payment. Additional Deferment ( See Paragraph C ( 3 ) ( a ) ) will not extend the Repayment Period.\n\nD. INTEREST : 1. Accrual Beginning on the first Disbursement Date, interest will be calculated at the Variable Rate ( Paragraph D.2 ) and charged on the Principal Sum, and on any unpaid interest later added to the Principal Sum according to Paragraph D.3 . During the Repayment Period, interest will be calculated at the Variable Rate and charged on the outstanding balance of this Credit Agreement until all amounts are paid in full.\n\nInterest will be calculated on a daily simple interest basis. The daily interest rate will be equal to the annual interest rate in effect on that day, divided by the number of days in that calendar year.\n\n2. Variable Rate The Variable Rate is equal to the Current Index plus a Margin.\n\nThe Margins for both the Deferment Period and the Repayment Period are shown on the first page of this Credit Agreement. In no event will the Variable Rate exceed the maximum interest rate allowed by the laws of the Commonwealth of Pennsylvania. \nThe Variable Rate will change quarterly on the first day of each XXXX, XXXX, XXXX and XXXX ( the Change Date ( s ) ) if the Current Index changes. The Current Index for any calendar quarter beginning on a Change Date ( or for any shorter period beginning on any Disbursement Date and ending on the last day of a calendar quarter ) is based on the one-month London Interbank Offered Rate ( LIBOR ) as published in the Money Rates section of The XXXX XXXX XXXX ( XXXX XXXX ). The index for each calendar quarter ( or for any shorter period beginning on a Disbursement Date and ending on the last day of a calendar quarter ) will equal the average of the LIBOR rates published on the first business day of each of the three ( XXXX ) immediately preceding calendar months, rounded to the nearest one-hundredth of one percent ( 0.01 % ). If The XXXX XXXX XXXX ( XXXX XXXX ) is not published or the Current Index is not given on any of these dates, then the Current Index will be determined by using the immediately preceding published Current Index for such date. If the Current Index is no longer available, you will choose a comparable index. \nXXXX. Capitalization If I have elected the Full Deferral repayment option, I understand that you will add all accrued and unpaid interest to the principal balance of my loan ( capitalize interest ) as of the last day of the Deferment Period. In addition, if my loan will be disbursed in multiple disbursements and if I have elected the Immediate Repayment option, you will capitalize interest that accrues between the first disbursement of my loan and the final disbursement of my loan. I understand that regardless of the repayment option I chose, you will capitalize interest at the end of any forbearance period. In all cases, the sum of interest you capitalize plus the thenoutstanding principal balance is thereafter considered the principal balance, and interest will accrue on the new principal balance. \n{ XXXX } XXXX XXXX of XXXX XXXX TERMS OF REPAYMENT : XXXX. Deferment Period If I have elected either the Interest Only repayment option or the Full Deferral repayment option ( the applicable repayment option is stated on the first page of this Credit Agreement ), you will send statements during the Deferment Period ( showing the total outstanding principal balance of my loan and the interest that has accrued on my loan ). You reserve the right to send statements or notices to either the Borrower or the Cosigner. Statements will be sent to the address shown on your records. If I have elected the Interest Only repayment option, I agree to make payments each month during the Deferment Period equal to the accrued interest on the outstanding balance of this Credit Agreement. If I have elected the Full Deferral repayment option I may, but am not required to make payments during the Deferment Period. You will add any interest that I do not pay during the Deferment Period to the principal balance, as described in Paragraph D.3.\n\n2. Repayment Period The amount of my monthly payment ( Monthly Payment Amount ) will be established based on the rules in this Credit Agreement when my Repayment Period begins. During the Repayment Period, you will send me monthly statements that show the Monthly Payment Amount and the payment due dates, and I will pay the Monthly Payment Amount shown on my monthly statement, which amount will in no event be less than {$25.00} or the unpaid balance, whichever is less. I understand that the Monthly Payment Amount is due each month. I may pay more than my Monthly Payment Amount at any time without penalty or charge. If my loan is in paidahead status, I may, but will not be required to make monthly payments. You reserve the right to send monthly statements to the Borrower and/or the Cosigner. Even if I do not receive monthly statements, I will make consecutive monthly payments in amounts at least equal to the Monthly Payment Amount by the applicable payment due dates until I have paid all of the principal and interest and any other charges I may owe under this Credit Agreement.\n\n3. Repayment Terms- My Monthly Payment Amount will be calculated as of the day the Repayment Period begins ( Repayment Date ). It will be recalculated ( a ) once each year prior to the anniversary of the Repayment Date, ( b ) if the Variable Rate changes between anniversaries of the Repayment Date to the extent that the Monthly Payment Amount would not pay in full the accrued monthly interest on my loan, ( c ) following any subsequent deferment or forbearance period or ( d ) following any request by the Borrower to the servicer to change the monthly payment due date ( each of which events is a new Repayment Date ). As of any Repayment Date, my Monthly Payment Amount will be recalculated. My new Monthly Payment Amount will be disclosed to me by the servicer. The new Monthly Payment Amount will equal the amount necessary to pay in full, over the number of months remaining in the Repayment Period, the amount I owe in equal monthly installments of principal and interest at the Variable Rate in effect at the time of the calculation. I understand that this may result in a reduction or increase in my monthly payment as calculated as of each Repayment Date. I understand that during the Repayment Period ( and, if I have elected the Interest Only repayment option, during the period of interest payments ) the servicer may change the monthly payment due date of future payments to a later date for the convenience of the servicer in processing payments or in order to coordinate the due dates of all of my loans processed by the servicer.\n\n4. Amounts Owing at the End of the Repayment Period Since interest accrues daily upon the unpaid principal balance of my loan, if I make payments after my payment due dates, I may owe additional interest. If I have not paid my late fees, I will also owe additional amounts for those late fees. In such cases you will increase the amount of my last monthly payment to the amount necessary to repay my loan in full.\n\n5. Payments Payments will be applied first to late fees, other fees and charges, accrued interest, and the remainder to principal.\n\n6. Other Charges - If any part of a monthly payment remains unpaid for a period of more than 15 days after the payment due date, I will pay a late fee not exceeding {$5.00} or 5 % of the overdue payment amount, whichever is less. To the extent permitted by law, I agree to pay you all amounts you incur in enforcing the terms of this Credit Agreement, including reasonable collection agency and attorney 's fees and court costs and other collection costs.\n\nF. LOAN ORIGINATION FEE : If you charge me, I will pay you a Loan Origination Fee at the time my loan is disbursed. The dollar amount of any Loan Origination Fee will be determined by multiplying the Principal Sum times the Loan Origination Fee Percentage shown on the first page of this Credit Agreement. The percentage would be higher if computed only on the amount advanced rather than on the entire Principal Sum ( Loan Origination Fee plus the loan Amount advanced ). For example, a nominal Loan Origination Fee of 6.5 % on the entire principal amount would equal 6.9519 % of the amount advanced. The Loan Origination Fee I will pay, if any, will be shown on my Disclosure Statement and included with the Principal Sum. To the extent permitted by law, and unless I timely cancel a disbursement ( see Paragraph B.2 ), I will not be entitled to a refund of any Loan Origination Fee relating to that disbursement.\n\nG. RIGHT TO PREPAY : I have the right to prepay all or any part of my loan at any time without penalty.\n\nH. FORBEARANCE : If I am unable to repay my loan in accordance with the terms established under this Credit Agreement because of a hardship such as financial or medical difficulty, I may request that you modify these terms. I understand that such modification would be at your option. I understand that I will remain responsible for all interest accruing during any period of forbearance and that you will add any interest that I do not pay during any forbearance period to the principal balance, as described in Paragraph D.3.\n\nI. WHOLE LOAN DUE : To the extent permitted by applicable law, I will be in default and you have the right to give me notice that the whole outstanding principal balance, accrued interest, and all other amounts payable to you under the terms of this Credit Agreement, are due and payable at once ( subject to any applicable law which may give me a right to cure my default ) if : ( 1 ) I fail to make any monthly payment to you when due, ( 2 ) I die, ( 3 ) I break any of my other promises in this Credit Agreement, ( 4 ) any bankruptcy proceeding is begun by or against me, or I assign any of my assets for the benefit of my creditors, or ( 5 ) I make any false written statement in applying for this loan or any other loan or at any time during the Deferment or Repayment Periods. If I default, I will be required to pay interest on this loan accruing after default. The interest rate after default will be subject to adjustment in the same manner as before default.\n\nTo the extent permitted by applicable law, upon default, you may also capitalize any interest and fees ( i.e., add accrued and unpaid interest and fees to the principal balance ), and increase the Margin used to compute the Variable Rate by two percentage points ( 2 % ).\n\nJ. NOTICES : 1. I will send written notice to you, any subsequent holder of this Credit Agreement, and the servicer within ten days after any change in name, address, or enrollment status ( for example, if the Borrower withdraws from the School or transfers to another school participating in this loan program ).\n\n2. Any notice required to be given to me by you will be effective when mailed by first class mail to the latest address you have for me. Unless required by applicable law, you need not give a separate notice to the Cosigner.\n\nK. INFORMATION : 1. I must update the information I provided to you whenever you ask me to do so.\n\n2. I authorize you from time to time to request and receive from others credit related information about me ( and about my spouse if I live in a community property state ).\n\n3. CREDIT BUREAU REPORTING You may report information about my account to credit bureaus. Late payments, missed payments, or other defaults in my account may be reflected in my credit report.\n\nI understand that the reporting of information about my account to credit bureaus may adversely affect my credit rating and my ability to obtain other credit. You may also provide the School with certain personally-identifiable information about me ( such as my Social Security Number and my Loan ID number ) and report the status of my loan and my payment history, including information about a late payment, missed payment or other defaults, to the School and others in accordance with applicable law.\n\nL. ADDITIONAL AGREEMENTS : 1. I understand that you are located in Pennsylvania and that this Credit Agreement will be entered into in the same state. CONSEQUENTLY, THE PROVISIONS OF THIS CREDIT AGREEMENT WILL BE GOVERNED BY FEDERAL LAW AND THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICT OF LAW RULES.\n\n2. The proceeds of this loan will be used only for my educational expenses at the School. The Cosigner will not receive any of the loan proceeds.\n\n3. My responsibility for paying the loan evidenced by this Credit Agreement is unaffected by the liability of any other person to me or by your failure to notify me that a required payment has not been made. Without losing any of your rights under this Credit Agreement you may accept ( a ) late payments, ( b ) partial payments or ( c ) payments marked paid in full or with other restrictions. You may delay, fail to exercise, or waive any of your rights on any occasion without losing your entitlement to exercise the right at any future time, or on any future occasion. You will not be obligated to make any demand upon me, send me any notice, present this Credit Agreement to me for payment or make protest of non-payment to me before suing to collect on this Credit Agreement if I am in default, and to the extent permitted by applicable law, I hereby waive any right I might otherwise have to require such actions.\n\nI WILL NOT SEND YOU PAYMENTS MARKED PAID IN FULL, WITHOUT RECOURSE OR WITH OTHER SIMILAR LANGUAGE UNLESS THOSE PAYMENTS ARE MARKED FOR SPECIAL HANDLING AND SENT TO THE ADDRESS IDENTIFIED FOR SUCH PAYMENTS ON MY BILLING STATEMENT, OR TO SUCH OTHER ADDRESS AS I MAY BE GIVEN IN THE FUTURE.\n\n4. I may not assign this Credit Agreement or any of its benefits or obligations. You may assign this Credit Agreement at any time.\n\n5. The terms and conditions set forth in this Credit Agreement and the Disclosure Statement constitute the entire agreement between you and me.\n\n6. If any provision of this Credit Agreement is held invalid or unenforceable, that provision shall be considered omitted from this Credit Agreement without affecting the validity or enforceability of the remainder of this Credit Agreement.\n\n7. A provision of this Credit Agreement may only be modified if jointly agreed upon in writing by you and me. Any modification will not affect the validity or enforceability of the remainder of this Credit Agreement.\n\n8. To the extent permitted by law, you have the right to apply money from any of my deposit account ( s ) with you to pay all or a portion of any amount overdue under this Credit Agreement. I hereby authorize you to obtain from the School all amounts which may be owed to me by the School, including any refund due to overpayment, early termination of enrollment, or otherwise.\n\n9. If this Credit Agreement is executed by more than one Borrower, each Borrower agrees that any communication between you and any of the Borrowers will be binding { W0491750.1 } PC.06-07.CSX1.10SC.0306 5 of 6 on all of the Borrowers. I intend to be treated as a principal of this Credit Agreement and not as a surety. To the extent I may be treated as a surety, I waive all notices to which I might otherwise be entitled as such by law, and all suretyship defenses that might be available to me ( including, without limitation, contribution, subrogation and exoneration ). I agree that the Borrower may agree to any forbearance or other modification of the repayment schedule and that such agreement will be binding on me. It shall not be necessary for you to resort to or exhaust your remedies against the borrower before calling upon me to make repayment. For purposes of this paragraph only, I and me refer to the Cosigner only.\n\n10. All dollar amounts stated in this Credit Agreement are in United States dollars. I will make all payments in United States Dollars with no deduction for currency exchange.\n\n11. If the student Borrower fails to complete the education program paid for with this loan, the Cosigner and I are not relieved of any obligation within or pursuant to this Credit Agreement.\n\n12. I understand and agree that this loan is an education loan and certify that it will be used only for costs of attendance at the School. I acknowledge that the requested loan is subject to the limitations on dischargeability in bankruptcy contained in Section 523 ( a ) ( 8 ) of the United States Bankruptcy Code because either or both of the following apply : ( a ) this loan was made pursuant to a program funded in whole or in part by The Education Resources Institute , Inc.\n\n( \" TERI '' ), a non-profit institution, or ( b ) this is a qualified education loan as defined in the Internal Revenue Code. This means that if, in the event of bankruptcy, my other debts are discharged, I will probably still have to pay this loan in full.\n\n13. I authorize any school that I may attend to release to you, and any other persons designated by you, any requested information pertinent to this loan ( e.g., enrollment status, prior loan history, and current address ).\n\n14. I authorize the Lender, any subsequent holder of this Credit Agreement, and their agents to : ( 1 ) advise the School of the status of my application and my loan, ( 2 ) respond to inquiries from prior or subsequent lenders or holders with respect to my Credit Agreement and related documents, ( 3 ) release information and make inquiries to the persons I have given you as references, for the purposes of learning my current address and telephone number, ( 4 ) check my credit and employment history and to answer questions about their credit experience with me, and ( 5 ) disclose to TERI, the Borrower, and/or the Cosigner either in connection with this transaction or any future transaction all information ( including status information and non-public personal information ) of the Borrower and/or the Cosigner provided in connection with this Credit Agreement. If in the future I apply for a loan that is guaranteed by TERI and funded by another lender, I also authorize the sharing of application information for this loan ( other than information in a consumer report ) with the other lender and TERI and the reuse of such information by such new lender and TERI in my new application.\n\n15. Waiver by Lender : You waive ( give up ) any right to claim a security interest in any property to secure this Credit Agreement. This does not affect any right to offset as a matter of law.\n\n16. If I fax my signature ( s ) on the first page of this Credit Agreement back to you and keep the copy I signed, I understand that under federal law the fax you receive will be an original of the first page of this Credit Agreement. You and I agree that all copies of this Credit Agreement ( including the fax you receive and the copy I retain ), taken together, shall constitute a single original agreement.\n\n17. If any Borrower or Cosigner elects to sign electronically an electronic record of this Credit Agreement, then the following will apply as between Lender and such person : ( a ) Lender will keep a non-modifiable electronic record of this document and provide a copy to me upon request, ( b ) I can and have downloaded and/or printed a copy of this document for my records or notified the Lender to mail me a copy of this document, and ( c ) the Lenders electronic record of this document and any printout from that record shall be an original for all purposes, including any lawsuit to collect amounts that I owe. If I physically sign a copy of this document that has been electronically signed by any other Cosigner or Borrower, as between me and the Lender the copy I sign ( and any fax of that copy I may send to Lender ) will be an original. However, the electronic signature of another party to this Credit Agreement and the Lenders electronic record of this document containing that signature will be as valid against me as an original, physical document that is physically signed by all parties.\n\n18. If applicable for my loan program, the Cosigner may be released from all obligations hereunder if ( a ) the Lender ( or its agent ) receives full payment for each of the first 48 consecutive principal and interest payments on or before their respective due dates under this Credit Agreement, ( b ) the Cosigner makes a request for such release to the Lender ( or its agent ) within ninety ( 90 ) days of making the 48th such payment, and ( c ) the Borrower meets the Lender 's and TERI 's credit criteria then in effect for cosigner release under this Credit Agreement.\n\nM. DISCLOSURE NOTICES ALL APPLICANTS : IMPORTANT FEDERAL LAW NOTICE Important information about procedures for opening a new account : To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.\n\nWhat this means for you : When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your drivers license or other identifying documents.","date_sent_to_company":"2023-03-14T16:20:22.000Z","issue":"Dealing with your lender or servicer","sub_product":"Private student loan","zip_code":"178XX","tags":null,"has_narrative":true,"complaint_id":"6695583","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AES/PHEAA","date_received":"2023-03-14T16:03:58.000Z","state":"PA","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["Unless required by applicable law, you need not give a <em>separate</em> notice to the Cosigner.\n\nK. INFORMATION : 1. I must update the information I provided to you whenever you ask me to do so.\n\n2. I authorize you from time to time to request and receive from others credit <em>related</em> information about me ( and about my spouse if I live in a community property state ).\n\n3. CREDIT BUREAU REPORTING You may report information about my account to credit bureaus."]},"sort":[6.031712,"6695583"]},{"_index":"complaint-public-v1","_id":"9801392","_score":5.839905,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On the XXXX day of XX/XX/XXXX CREDIT INTERNATIONAL CORP reported a collection of {$7700.00} with an account number as XXXX on my XXXX credit report without my knowledge, consent, or authorization. \n\nSince then CREDIT INTERNATIONAL CORP has been increasing a balance on an account that has already been charged off, closed and they have already received the tax benefit.\n\n15 U.S. Code 1692c ( c ) : ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. \n\nXXXX has allowed CREDIT INTERNATIONAL CORP to report the same inaccurate information on my credit report under an entirely different name COMPUTER CHECK VERIFICAT XXXX is also reporting a collection that is listed as CREDIT COLLECTION SERVIC which is inaccurate and has already been deleted from my XXXX credit report. \n\nXXXX has a history of allowing inaccurate items to be reported on my credit report that are not verified with a proper investigation. \n\nIn XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), the court held that failure to properly investigate and correct disputed information can result in liability for both the furnisher and the credit reporting agency. This principle applies here, as the continued reporting of inaccurate information has caused undue harm to my creditworthiness.\n\n12 C.F.R. 1016.7 states that, A consumer may exercise the right to opt out at any time.\n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, credit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my reports under any circumstances. This serves as lawful notice.\n\n15 U.S. Code 1681c ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Under 5 of the FTC Act, the Commission expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule.\n\n12 C.F.R. 1022.42 Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities.\n\n( b ) Guidelines. Each furnisher must consider the guidelines in appendix E of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate.\n\n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness.\n\n12 C.F.R. 1026.10 Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section.\n\n( b ) Specific requirements for payments ( 1 ) General rule. A creditor may specify reasonable requirements for payments that enable most consumers to make conforming payments.\n\n( 2 ) Examples of reasonable requirements for payments. Reasonable requirements for making payment may include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( 3 ) of this section ), provided that such cut-off times shall be no earlier than 5 p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in U.S. dollars; or ( v ) Specifying one particular address for receiving payments, such as a post office box.\n\n( 3 ) In-person payments on credit card accounts ( i ) General. Notwithstanding 1026.10 ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding 1026.10 ( b ) ( 2 ) ( ii ), a card issuer may impose a cut-off time earlier than 5 p.m. for such payments, if the close of business of the branch or office is earlier than 5 p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( 3 ) of this section, financial institution shall mean a bank, savings association, or credit union.\n\n( 4 ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( 4 ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this 1026.10, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five days of receipt.\n\n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge.\n\n( c ) Adjustment of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle.\n\n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( 1 ) General. Except as provided in paragraph ( d ) ( 2 ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor may generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail.\n\n( 2 ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor may not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( e ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor.\n\n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account during the 60-day period following the date on which the change took effect.\n\nThe Privacy Act of 1974, also known as 5 U.S. Code 552a, is a United States federal law that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( 1 ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information.\n\n( 2 ) Notice : Agencies must provide public notice of their systems of records through publication in the Federal Register.\n\n( 3 ) Consent : Disclosure of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure.\n\n( 4 ) Access and Amendment : Individuals have the right to seek access to and amendment of their records.\n\n( 5 ) Record-Keeping Requirements : The Act sets forth various requirements for agencies regarding record-keeping.\n\n15 U.S. Code 1681 : ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter. \n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] 15 U.S. Code 1825 ( 2 ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section 1823 of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than three years, or both.\n\nUnder 807 of the Fair Debt Collection Practices Act False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.\n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.\n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.\n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.\n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\n( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.\n\n( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\nUnder 812 of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this sub-chapter.\n\n15 U.S. Code 6801 : ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S. Code 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S. Code 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( XXXX ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ XXXX XXXX Code XXXX et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( XXXX ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( XXXX ) to comply with XXXX, XXXX, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by XXXX, XXXX, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX : ( a ) XXXX required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.\n\n( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n( XXXX ) Model forms ( XXXX ) In general The agencies referred to in section XXXX ( a ) ( XXXX ) of this title shall jointly develop a model form which XXXX be used, at the option of the financial institution, for the provision of disclosures under this section. \n( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. \n( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. \n( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( XXXX ) or ( XXXX ) of section XXXX of this title or regulations prescribed under section XXXX ( b ) of this title, and ( XXXX ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( XXXX ) or ( XXXX ). \n( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) See attachments for full complaint, and relating documentation.","date_sent_to_company":"2024-08-14T19:02:02.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30043","tags":null,"has_narrative":true,"complaint_id":"9801392","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Credit International Corporation","date_received":"2024-08-14T18:17:09.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to <em>treat</em> a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees <em>related</em> to method of payment."]},"sort":[5.839905,"9801392"]},{"_index":"complaint-public-v1","_id":"9801301","_score":5.8339734,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On the XXXXXXXX XXXX XXXX XXXXXX/XX/XXXX XXXX XXXX XXXX reported a collection of {$7700.00} with an account number as XXXX on my Experian credit report without my knowledge, consent, or authorization. \n\nSince then XXXX XXXX XXXX has been increasing a balance on an account that has already been charged off, closed and they have already received the tax benefit. \n\n15 U.S. Code 1692c ( c ) : ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. \n\nXXXX has allowed XXXX XXXX XXXX to report the same inaccurate information on my credit report under an entirely different name COMPUTER CHECK VERIFICAT XXXX is also reporting a collection that is listed as XXXX XXXX XXXX which is inaccurate and has already been deleted from my Experian credit report. \n\nExperian has a history of allowing inaccurate items to be reported on my credit report that are not verified with a proper investigation. \n\nIn XXXX XXXX XXXX XXXX XXXX XXXX XXXX, 748 F. Supp. 2d 1030, 1036 ( XXXX XXXX XXXX ), the court held that failure to properly investigate and correct disputed information can result in liability for both the furnisher and the credit reporting agency. This principle applies here, as the continued reporting of inaccurate information has caused undue harm to my creditworthiness.\n\n12 C.F.R. 1016.7 states that, A consumer may exercise the right to opt out at any time.\n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, credit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my reports under any circumstances. This serves as lawful notice.\n\n15 U.S. Code 1681c ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Under 5 of the FTC Act, the Commission expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule.\n\n12 C.F.R. 1022.42 Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities.\n\n( b ) Guidelines. Each furnisher must consider the guidelines in appendix E of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate.\n\n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness.\n\n12 C.F.R. 1026.10 Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section.\n\n( b ) Specific requirements for payments ( 1 ) General rule. A creditor may specify reasonable requirements for payments that enable most consumers to make conforming payments.\n\n( 2 ) Examples of reasonable requirements for payments. Reasonable requirements for making payment may include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( 3 ) of this section ), provided that such cut-off times shall be no earlier than 5 p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in XXXXXXXX XXXX or ( v ) Specifying one particular address for receiving payments, such as a post office box.\n\n( 3 ) In-person payments on credit card accounts ( i ) General. Notwithstanding 1026.10 ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding 1026.10 ( b ) ( 2 ) ( ii ), a card issuer may impose a cut-off time earlier than 5 p.m. for such payments, if the close of business of the branch or office is earlier than 5 p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( 3 ) of this section, financial institution shall mean a bank, savings association, or credit union.\n\n( 4 ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( 4 ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this 1026.10, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five days of receipt.\n\n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge.\n\n( c ) Adjustment of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle.\n\n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( 1 ) General. Except as provided in paragraph ( d ) ( 2 ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor may generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail.\n\n( 2 ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor may not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( e ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor.\n\n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account during the 60-day period following the date on which the change took effect.\n\nThe Privacy Act of 1974, also known as 5 U.S. Code 552a, is a United States federal law that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( 1 ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information.\n\n( 2 ) Notice : Agencies must provide public notice of their systems of records through publication in the Federal Register.\n\n( 3 ) Consent : Disclosure of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure.\n\n( 4 ) Access and Amendment : Individuals have the right to seek access to and amendment of their records.\n\n( 5 ) Record-Keeping Requirements : The Act sets forth various requirements for agencies regarding record-keeping.\n\n15 U.S. Code 1681 : ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 1681a Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] 15 U.S. Code 1825 ( 2 ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section 1823 of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than three years, or both.\n\nUnder 807 of the Fair Debt Collection Practices Act False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.\n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.\n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.\n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.\n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\n( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.\n\n( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\nUnder 812 of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this sub-chapter.\n\n15 U.S. Code 6801 : ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6802 : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S. Code 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S. Code 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S. Code 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6803 : ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.\n\n( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n( XXXX ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. \n( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. \n( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section.\n\n( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ).\n\n( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) See attachments for full complaint, and relating documentation.","date_sent_to_company":"2024-08-14T19:02:33.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30043","tags":null,"has_narrative":true,"complaint_id":"9801301","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-08-14T19:02:31.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to <em>treat</em> a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees <em>related</em> to method of payment."]},"sort":[5.8339734,"9801301"]},{"_index":"complaint-public-v1","_id":"9801302","_score":5.827111,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On the XXXX day of XX/XX/XXXX XXXX XXXX XXXX reported a collection of {$7700.00} with an account number as XXXX on my XXXX credit report without my knowledge, consent, or authorization. \n\nSince then XXXX XXXX XXXX has been increasing a balance on an account that has already been charged off, closed and they have already received the tax benefit. \n\nXXXX XXXX XXXX XXXX ( c ) : ( c ) Ceasing communication If a consumer notifies a debt XXXX in writing that the consumer refuses to pay a debt or that the consumer wishes the debt XXXX to cease further communication with the consumer, the debt XXXX shall not communicate further with the consumer with respect to such debt, except ( XXXX ) to advise the consumer that the debt XXXX further efforts are being XXXX ; ( XXXX ) to notify the consumer that the debt XXXX or XXXX may invoke specified remedies which are ordinarily invoked by such debt XXXX or XXXX; or ( XXXX ) where applicable, to notify the consumer that the debt XXXX or XXXX intends to invoke a specified remedy. \n\nTransunion has allowed XXXX XXXX XXXX to report the same inaccurate information on my XXXX XXXX  under an entirely different name COMPUTER CHECK VERIFICAT Transunion is also reporting a collection that is listed as CREDIT COLLECTION SERVIC which is inaccurate and has already been deleted from my XXXX credit report. \n\nXXXX has a history of allowing inaccurate items to be reported on my XXXX XXXX  that are not verified with a proper investigation. \n\nIn XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), the court held that failure to properly investigate and correct disputed information can result in liability for both the furnisher and the credit reporting agency. This principle applies here, as the continued reporting of inaccurate information has caused XXXX XXXX to my creditworthiness. \n\nXXXX XXXX. XXXX states that, A consumer may exercise the right to opt out at any time. \n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, credit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my XXXX under any circumstances. This serves as lawful notice. \n\nXXXX XXXX XXXX XXXX ( a ) ( XXXX ) states Except as authorized under subsection ( b ), no consumer reporting agency XXXX make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. '' Under XXXX of the FTC XXXX, the XXXX expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule. \n\nXXXX XXXX. XXXX Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities. \n( b ) XXXX. Each furnisher must consider the guidelines in appendix XXXX of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate. \n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness. \n\nXXXX XXXX. XXXX Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section. \n( b ) Specific requirements for payments ( XXXX ) General rule. A creditor XXXX specify reasonable requirements for payments that enable most consumers to make conforming payments. \n( XXXX ) Examples of reasonable requirements for payments. Reasonable requirements for making payment XXXX include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( XXXX ) of this section ), provided that such cut-off times shall be no earlier than XXXX p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in XXXX dollars; or XXXX v ) Specifying XXXX particular address for receiving payments, such as a post office box. \n( XXXX ) In-person payments on credit card accounts ( i ) XXXX. Notwithstanding XXXX ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding XXXX ( b ) ( XXXX ) ( ii ), a card issuer XXXX impose a cut-off time earlier than XXXX p.m. for such payments, if the close of business of the branch or office is earlier than XXXX p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( XXXX ) of this section, financial institution shall mean a bank, XXXX XXXX, or XXXX XXXX. \n( XXXX ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( XXXX ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this XXXX, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within XXXX days of receipt. \n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge. \n( c ) XXXX of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle. \n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( XXXX ) XXXX. Except as provided in paragraph ( d ) ( XXXX ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor XXXX generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail. \n( XXXX ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date. \n( XXXX ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor XXXX not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( XXXX ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor. \n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the XXXX period following the date on which such change took effect, the card issuer XXXX not impose any late fee or finance charge for a late payment on the credit card account during the XXXX period following the date on which the change took effect. \n\nThe Privacy Act of XXXX, also known as XXXX XXXX Code XXXX, is a United States XXXX XXXX that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( XXXX ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information. \n( XXXX ) Notice : Agencies must provide public notice of their systems of records through publication in the XXXX XXXX. \n( XXXX ) Consent : XXXX of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure. \n( XXXX ) XXXX and XXXX : Individuals have the right to seek access to and amendment of their records. \n( XXXX ) Record-Keeping Requirements : The XXXX sets forth various requirements for agencies regarding record-keeping. \n\nXXXX XXXX XXXX XXXX : ( a ) Accuracy and fairness of credit reporting The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \n( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. \n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter. \n( Pub. XXXX XXXX, title VI, XXXX, as added Pub. XXXX XXXX, title VI, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter. \n( c ) The term consumer means an individual. \n( d ) XXXX Report. \n( XXXX ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section XXXX of this title. \n( XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section XXXX of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information XXXX be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section XXXX of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ XXXX ] XXXX XXXX Code XXXX ( XXXX ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section XXXX of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than XXXX years, or both. \n\nUnder XXXX of the Fair Debt Collection Practices Act False or misleading representations A debt collector XXXX not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( XXXX ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. \n( XXXX ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. \n( XXXX ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. \n( XXXX ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. \n( XXXX ) The threat to take any action that can not legally be taken or that is not intended to be taken. \n( XXXX ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. \n( XXXX ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. \n( XXXX ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. \n( XXXX ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. \n( XXXX ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. \n( XXXX ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. \n( XXXX ) The false representation or implication that accounts have been turned over to innocent purchasers for value. \n( XXXX ) The false representation or implication that documents are legal process. \n( XXXX ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. \n( XXXX ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. \n( XXXX ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section XXXX ( f ) of this title. \n\nUnder XXXX of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. \n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section XXXX of this title for failure to comply with a provision of this sub-chapter. \n\nXXXX XXXX XXXX XXXX : ( a ) Privacy obligation policy It is the policy of the XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. \n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section XXXX ( a ) of this title, other than the XXXX XXXX XXXX XXXX XXXX, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( XXXX ) to insure the security and confidentiality of customer records and information ; ( XXXX ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( XXXX ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution XXXX not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. \n( b ) Opt out ( XXXX ) In general A financial institution XXXX not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section XXXX of this title, that such information XXXX be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. \n( XXXX ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between XXXX or more financial institutions that comply with the requirements imposed by the regulations prescribed under section XXXX of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. \n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. \n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. \n( XXXX ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( XXXX ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( XXXX ) with the consent or at the direction of the consumer ; ( XXXX ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( XXXX ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( XXXX ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, XXXX, and auditors ; ( XXXX ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of XXXX [ XXXX XXXX Code XXXX et seq. ], to law enforcement agencies ( including the XXXX XXXX XXXX XXXX XXXX [ XXXX ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter XXXX of chapter XXXX of title XXXX, and chapter XXXX of title I of Public Law XXXX ( XXXX XXXX Code XXXX ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( XXXX ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ XXXX XXXX Code XXXX et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( XXXX ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( XXXX ) to comply with XXXX, XXXX, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by XXXX, XXXX, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX : ( a ) XXXX required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section XXXX of this title, of such financial institutions policies and practices with respect to ( XXXX ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section XXXX of this title, including the categories of information that XXXX be disclosed ; ( XXXX ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( XXXX ) protecting the nonpublic personal information of consumers. \n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section XXXX of this title. \n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( XXXX ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section XXXX of this title, and including ( A ) the categories of persons to whom the information is or XXXX be disclosed, other than the persons to whom the information XXXX be provided pursuant to section XXXX ( XXXX ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( XXXX ) the categories of nonpublic personal information that are collected by the financial institution ; ( XXXX ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section XXXX of this title ; and ( XXXX ) the disclosures required, if any, under section XXXX ( d ) ( XXXX ) ( A ) ( XXXX ) of this title. \n( d ) Exemption for certified public XXXX ( XXXX ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a XXXX ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. \n( XXXX ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( XXXX ) from any provision of this section. \n( XXXX ) Definitions For purposes of this subsection, the term XXXX means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n( XXXX ) Model forms ( XXXX ) In general The agencies referred to in section XXXX ( a ) ( XXXX ) of this title shall jointly develop a model form which XXXX be used, at the option of the financial institution, for the provision of disclosures under this section. \n( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. \n( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. \n( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( XXXX ) or ( XXXX ) of section XXXX of this title or regulations prescribed under section XXXX ( b ) of this title, and ( XXXX ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( XXXX ) or ( XXXX ). \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX VI, XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX Stat. XXXX, XXXX ; Pub. XXXX XXXX, XXXX. G, title LXXV, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) See attachments for full complaint, and relating documentation.","date_sent_to_company":"2024-08-14T19:02:33.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30043","tags":null,"has_narrative":true,"complaint_id":"9801302","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-08-14T19:02:31.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to <em>treat</em> a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date. \n( XXXX ) Limitations on fees <em>related</em> to method of payment."]},"sort":[5.827111,"9801302"]},{"_index":"complaint-public-v1","_id":"12858508","_score":3.8341155,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Summary of Demand Please take notice that I hereby demand the immediate deletion of multiple charged-off and late-payment accounts from my credit files. These accounts ( identified in detail below ) are inaccurately reported and unlawfully retained on my credit reports despite : Debt Cancellation : The debts were canceled/discharged, triggering IRS reporting of canceled debt as income ( 26 U.S.C. 61 ( a ) ( 12 ) ) and implicating IRS Publication 4681 on canceled debts. A canceled debt is no longer an enforceable obligation, and continuing to report it as owed is false. ( Indeed, IRS Pub. 4681 notes that a taxpayer may not have to include canceled debt in income under certain conditions underscoring that the debt is treated as extinguished. ) UCC Public Filings : I have filed and perfected UCC-1 Financing Statements ( Delaware Filing XXXX XXXX ; Minnesota Filing XXXX XXXX ) accompanied by executed security agreements. These filings are public records that put all parties on notice that the referenced debts have been secured and settled. Under the Uniform Commercial Code, an account is defined as a right to payment of a monetary obligation ( including credit card or loan receivables ). The above filings establish my secured interest and rights in these accounts, meaning any remaining debt obligations have been resolved via security interest or set-off. Continuing to report these accounts as delinquent ignores the UCC Article 9 rights and the fact that the obligations have been addressed.\n\nApostilled Documents : The relevant security agreements and affidavits have been apostilled pursuant to the 1961 Hague Convention, confirming their authenticity as public documents internationally. This means the discharge of debt and transfer of rights in those accounts are not only recorded domestically but also recognized internationally. The Credit Bureaus have constructive and actual notice of these apostilled public filings, yet have failed to adjust my reports accordingly. \nPrior Disputes FCRA Non-Compliance : I have disputed these accounts, yet you have failed to investigate and correct the information as required. Under the Fair Credit Reporting Act ( FCRA ), you are obligated to maintain maximum possible accuracy and to promptly delete or correct information that can not be verified or is inaccurate. However, the accounts remain, showing months of false derogatory information. This is a blatant violation of 15 U.S.C. 1681e ( b ), 1681i, and 1681s-2 ( b ). The FCRA and its implementing regulations also require furnishers and bureaus to ensure information reflects the true status of the debt. For example, CFPB regulations define accuracy to mean that furnished information correctly reflects liability and performance on the account Reporting a canceled or otherwise settled debt as a charge-off with a balance due is inaccurate by definition under these standards.\n\nDemand : I demand that each Credit Bureau delete the accounts listed below in full from my credit reports. Written confirmation of deletion and updated credit reports should be provided within 5 calendar days of your receipt of this letter ( note : FCRA also requires that upon deletion after a dispute, the consumer be notified and provided a copy of the updated report within 5 business daysFailure to comply will result in immediate legal action, regulatory complaints, and pursuit of all available remedies against you.\n\n________________________________________ 2. Legal Basis for Removal of These Accounts 2.1 Debt Cancellation IRS Treatment and Federal Law Under federal law, a debt that is canceled or forgiven is treated as income to the debtor, because it is no longer an obligation to repay ( 26 U.S.C. 61 ( a ) ( 12 ) ). I have received IRS Form 1099-C for the relevant accounts ( or the creditors were obligated to issue them ), meaning the creditors formally canceled the debts. Once a debt is canceled, the creditor writes off the debt, and the IRS considers it discharged. In fact, IRS Publication 4681 explicitly notes that a taxpayer may exclude canceled debt from income in cases of insolvency or other exceptions reinforcing that the debt itself has been extinguished.\n\nImplication : If a debt no longer exists for purposes of collection ( and is only an IRS reportable event ), it is patently inaccurate for the Credit Bureau to continue reporting the account as an outstanding balance, past-due, or charge-off. Doing so misrepresents the consumers obligations and creditworthiness. By reporting a canceled debt as a live delinquency, you are furnishing false credit information. This runs afoul of the FCRAs accuracy mandate and also potentially constitutes deceptive conduct, since the true status ( discharged debt ) is not reflected. It also may violate 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), which prohibits furnishers from reporting information they know or have reason to know is inaccurate.\n\nFurthermore, federal regulations and banking guidelines require that creditors charge off delinquent accounts ( e.g. credit cards after 180 days of non-payment ) and cease treating them as assets. Once charged off, the debt is no longer carried on the creditors books, and if its also canceled ( with a 1099-C issued ), it is effectively resolved from a legal standpoint. Continuing to report such an account as if its an enforceable debt is not only inaccurate but also undermines the purpose of those regulations ( which is to accurately reflect when a debt is uncollectible ).\n\nIn summary, the presence of a 1099-C or charge-off on an account means the debt should not be reported as owed. I have included in prior disputes copies of relevant 1099-C forms and affidavits of debt cancellation. Your failure to remove these accounts despite evidence of cancellation is a willful violation of FCRAs requirement to follow reasonable procedures to assure maximum possible accuracy XXXX. \nXXXX UCC Financing Statements and Security Agreements I have taken the additional step of securing my rights through the Uniform Commercial Code ( UCC ) filings mentioned above. These UCC-1 Financing Statements, filed with the Delaware Secretary of State and the Minnesota Secretary of State, give public notice of a security interest in the accounts/debts at issue. In the underlying security agreements ( duly executed and notarized ), the original creditors agreed ( by acquiescence or contract ) to transfer rights and title in the accounts to me, the secured party, as part of a settlement and discharge of the debt. These documents have been apostilled for authenticity under the Hague Convention of 1961, making them valid for recognition internationally.\n\nUnder UCC Article 9, an account is broadly defined as a right to payment of a monetary obligation, including those arising from loans or credit card transactions The debts being reported by your agency fall squarely within this definition. As the secured party of record on these accounts, I hold the senior rights to those obligations. In effect, the obligations have been assigned to me and discharged they are no longer owed by me to the original creditors. Therefore, from the perspective of any third-party ( including a CRA ), there is a XXXX balance and no delinquency the original creditor has been made whole or has relinquished its claim, and I, as the secured party, am not reporting any claim of delinquency on myself ( obviously ). \nYour reporting of these accounts as charge-offs or past-due ignores the UCC record and the reality that the debts have been settled via a security interest exchange. This not only violates FCRA ( by reporting fundamentally inaccurate account status ) but also interferes with my rights under UCC law. Minnesotas adoption of the UCC ( Minn. Stat. 336.9-101 et seq. ) and Delawares UCC provisions both dictate that a perfected security interest puts the world on notice of the secured partys rights. By continuing to report the debt as owed to the original creditor ( and in default ), you are publishing information that is inconsistent with public records and derogatory to the secured partys interest.\n\nI remind you that federal law ( 15 U.S.C. 1681s-2 ( b ) ) requires furnishers to update and correct information that is no longer accurate. Here, the furnishers ( original creditors ) have documentation of these UCC filings and should have instructed deletion ; if they failed to do so, both they and you are liable for willful FCRA violations.\n\nThe existence of a publicly filed UCC-1 Financing Statement is easily verifiable evidence that the debt status is disputed and transferred failing to consider or investigate that is a violation of your duty under 15 U.S.C. 1681i ( a ).\n\n2.3 FCRA Violations by the Credit Bureaus and Furnishers The FCRA imposes strict duties on credit reporting agencies ( CRAs ) like Experian, XXXX, and XXXX, as well as on the furnishers of information ( the creditors ). Your handling of these accounts breaches multiple FCRA provisions : Failure to Assure Accuracy ( 15 U.S.C. 1681e ( b ) ) : Every time you prepare a consumer report, you must have reasonable procedures to assure maximum possible accuracy of the information. Reporting a debt as outstanding when it was canceled ( or continuing to report a charge-off with a balance that was forgiven ) is not accurate, let alone maximally accurate. The law requires you to do more than simply parrot whatever a furnisher sent in the past you must ensure the info remains current and correct. Given the ample notices and disputes I provided, your procedures ( or lack thereof ) have clearly failed this standard. This is a textbook violation of 1681e ( b ).\n\nFailure to Reinvestigate and Delete ( 15 U.S.C. 1681i ) : When I disputed these accounts, you were obligated to conduct a reasonable reinvestigation. If information is found inaccurate or can not be verified, you must delete it from the file. In my case, either the information was not verified ( e.g., the creditor failed to prove the debt was still owed, especially in light of a 1099-C or UCC filing ), or the reinvestigation was not reasonable. In fact, the continued presence of these accounts indicates you willfully ignored the evidence. Notably, 1681i ( a ) ( 5 ) requires that disputed information that is inaccurate or unverifiable shall be promptly deleted from the credit file. Your refusal to delete is unlawful. Even worse, your own records ( as shown on my credit report ) indicate that some of these accounts were updated in response to my disputes rather than deleted an inadequate response since the only proper outcome was deletion, not an artificial update that left the derogatory mark in place.\n\nFurnisher Duties ( 15 U.S.C. 1681s-2 ( b ) ) : After you received my dispute, you were required to notify the furnishers ( creditors ) within 5 business days ( which I believe you did ). Then each furnisher must investigate and report back to you the results, including correcting or deleting any information found to be inaccurate or unverifiable. If the furnisher confirms the info is inaccurate or can not verify it, they must instruct you to modify, delete, or permanently block the information ( 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( E ) ) .Either the furnishers failed to do their job or you failed to implement their instructions, but either scenario is a violation : furnishers are liable under 1681s-2 ( b ) and you, the CRA, are liable under 1681e ( b ) and 1681i. The law even provides a fee-shifting provision for consumers to sue on these violations, which I will utilize if needed.\n\nFailure to Mark Accounts as Disputed : Additionally, under 15 U.S.C. 1681i ( c ) and 1681s-2 ( a ) ( 3 ), any information under dispute must be noted as disputed in a consumers file if it is not deleted. My credit reports did not consistently show a dispute notation on these accounts after my disputes ( some show generic comments, others do not ). This is another FCRA violation failing to flag a disputed debt can itself give rise to liability ( its seen as furnishing incomplete information, which courts have held as actionable ).\n\nContinuing to Report After Notice of Error : FCRA 1681s-2 ( a ) ( 1 ) ( B ) forbids a furnisher from reporting information after they have been notified of its inaccuracy, if it is in fact inaccurate. My disputes and provided documentation were such notice. Therefore, each month that the furnishers ( creditors ) allowed these tradelines to remain and update on my reports, they violated this section. While direct consumer enforcement of 1681s-2 ( a ) is limited ( primarily enforceable by regulators ), those violations underpin the willfulness of the 1681s-2 ( b ) and 1681i violations, strengthening my case for damages. Moreover, I reserve the right to report those furnishers to the CFPB and banking regulators for regulatory action.\n\nIn short, the FCRA has been violated on multiple counts. Your agencies have willfully reported inaccurate data and failed to correct it after disputes, and the furnishers have failed to conduct proper investigations or inform you of necessary deletions. The law provides for civil liability for willful noncompliance up to {$1000.00} in statutory damages per violation, plus actual damages and punitive damages ( 15 U.S.C. 1681n ). I have enumerated each month of false reporting as a separate violation below for damage calculation purposes.\n\n2.4 Violations of Minnesota Law and Federal Regulations Your conduct also implicates state law and other federal rules : Minnesota Statutes Chapter 47 : Minnesota law ( Chapter 47, Financial Corporations ) reflects a strong policy against false reporting by financial entities. For example, Minn. Stat. 47.26 makes it a felony for any officer or agent of a corporation to willfully violate the law and continue such violation for over 10 days. Reporting patently false credit information about a Minnesota consumer and stubbornly refusing to correct it after repeated notice ( for months on end ), could be construed as the type of willful, continued violation that the state considers criminal. Whether or not a prosecutor pursues such charges, this statute underscores the seriousness of your misconduct.\n\nAdditionally, to the extent the furnishers are financial institutions, providing false information to credit bureaus may violate Minnesotas banking laws ( Chapter XXXX ) and could invite action from the Minnesota Department XXXX XXXX. I will be forwarding a complaint to state authorities to review whether your actions constitute any breach of Minnesota law or regulations ( including but not limited to any unfair or deceptive practice statutes or regulations on reporting obligations ).\n\n12 C.F.R. CFPB Regulations ( Regulation V ) and OCC/FDIC Guidelines : Federal regulations require robust accuracy and integrity policies. The CFPBs Regulation V ( 12 C.F.R. 1022.42 and Appendix E ) obligates furnishers to establish internal controls to ensure the accuracy and integrity of furnished information. The continued reporting of these discharged debts indicates a failure of those controls. It suggests that either the furnishers did not properly update the status to the CRAs, or the CRAs ignored or mishandled the updates. Either way, regulatory guidelines were broken. Moreover, banking regulators ( OCC, FDIC, Federal Reserve ) have issued guidelines ( e.g. the Uniform Retail Credit Classification Policy ) requiring timely charge-off of delinquent debts ( generally at 180 days past due ) and cessation of accruing interest, etc. If after charge-off a bank chooses to cancel the debt ( often to claim a tax benefit or comply with XXXX rules ), that information must be accurately reflected. By failing to note the true status ( canceled ) on credit reports, the furnishers ( and you as their conduit ) are effectively publishing a false account of the banks own credit loss ( making it look as if the bank could still collect money which it has legally discharged ). This could even raise issues with 12 C.F.R. 621.5 ( for institutions governed by the XXXX XXXX XXXX ) which requires writing off uncollectible loans, or other agency-specific rules, by creating a discrepancy between the banks books and consumer credit reports.\n\n31 C.F.R. Treasury Regulations : Title 31 of the Code of Federal Regulations contains the Federal Claims Collection Standards and other rules regarding debt collection. When a debt is conclusively deemed uncollectible ( as is the case with these accounts ), federal policy ( e.g. 31 C.F.R. 285 and 903 under the Debt Collection Improvement Act standards ) is to stop active collection and update records accordingly. In spirit, continuing to report a canceled debt as if owed is contrary to these federal standards. It also potentially mischaracterizes the debts legal status, which could be seen as an unfair collection practice if done to pressure payment on a nonexistent obligation. \nIn summary, your actions are not only violating the FCRA but also undermine state law protections and regulatory frameworks designed to ensure truthful credit reporting and financial transparency. I will not hesitate to invoke all relevant laws in a court of law to hold you accountable. \nXXXX Federal Securities Law Considerations ( Exchange Act of XXXX ) XXXX, XXXX, and Experian ( through its parent company ) are publicly traded companies subject to the Securities Exchange Act of 1934. This means you file annual reports ( Form 10-K ) and other disclosures with the Securities and Exchange Commission ( SEC ) , and you are required to disclose material legal proceedings and risks. By engaging in systemic FCRA violations and accruing significant potential liabilities to consumers like myself, you XXXX also be violating SEC disclosure requirements if you fail to adequately disclose these issues to your shareholders. \nNotably, in Equifaxs most recent Form 10-K, the company acknowledged that the number of consumer lawsuits alleging FCRA violations have increased substantially over the past several years. This indicates that these bureaus are aware of widespread non-compliance problems. TransUnions filings likewise disclosed that the CFPB issued a NORA ( Notice and Opportunity to Respond and Advise ) letter alleging TransUnion violated FCRA dispute investigation requirements.\n\nSuch an allegation from the CFPB is serious ; if TransUnion ( or any bureau ) fails to correct known FCRA issues, it could lead to enforcement action or large fines clearly material information for investors.\n\nIf you continue to willfully flout the FCRA ( as in my case ) and do not disclose the scope of this non-compliance in your SEC filings, you could be engaging in securities fraud by omission. Rule 10b-5 under the 1934 Act prohibits making any untrue statement of a material fact or omitting to state a material fact necessary to make statements not misleading. By now, it is clear that your business faces material risks due to the way you handle consumer disputes and credit reporting accuracy ( the multitude of lawsuits and CFPB inquiries is evidence of that ). Should litigation arise from my case or others like it, or should regulatory fines hit, your investors would rightfully say : why wasnt this fully disclosed?\n\nI put this in my demand letter to underscore that your legal troubles do not exist in a vacuum they affect your duties to regulators beyond the CFPB. I fully intend to submit copies of my complaints and any eventual lawsuit to the SECs enforcement division, so they can evaluate whether you have properly disclosed the legal and compliance risks related to your credit reporting practices. Equifaxs 10-K even warns that the CFPB can seek penalties of up to {>= $1,000,000} per day for knowing violations of consumer finance laws. Consider this letter as notice that your FCRA violations are knowing and willful if you choose to ignore this and not remediate, any resulting penalties ( at potentially {$1.00} million per day per violation ) will be on your heads and will certainly interest your investors and the SEC.\n\nBottom line : It is in your own corporate and shareholder interest, as well as your legal obligation, to delete the inaccurate information immediately. Continuing to report false data not only harms me, but exposes you to mounting liability and regulatory risk, which you can avoid ( or limit ) by doing what the law requires correcting the information now.\n\n3. Inaccurate Accounts and Damage Calculations Below is a breakdown of each inaccurate account that remains on my credit reports, the period of wrongful reporting, and the statutory damages I will seek if this matter proceeds to litigation. Each month that an account was reported with false information after it should have been removed is counted as a separate FCRA violation ( 15 U.S.C. 1681n provides up to {$1000.00} per violation for willful noncompliance ). I will also seek punitive damages and attorneys fees as allowed. The damages calculation here is an estimate of FCRA statutory damages alone, which will be adjusted as necessary.\n\n3.1 Experian Accounts to Delete and Liability The following accounts on my Experian credit file are inaccurately reported and must be deleted. Experian failed to remove these even after disputes, in violation of the FCRA. \nCreditor ( Account ) Account XXXX. Status on Experian Inaccuracy Period Months of Violation Damages ( XXXX XXXX XXXX ) XXXX XXXX ( XXXX Bank ) Credit Card # XXXX Charged-Off, {$5600.00} balance ( should be {$0.00} debt canceled ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off with balance ) 17 months {$17000.00} XXXX XXXX  ( Chase ) Credit Card # XXXX Charged-Off, {$6100.00} balance, {$4000.00} past due ( debt canceled; balance should be {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off/collection ) 14 months {$14000.00} XXXX Bank Credit Card # XXXX Charged-Off, {$2300.00} balance ( debt canceled XXXX XXXX XXXX XXXX show {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off with balance ) 14 months {$14000.00} XXXX XXXX XXXX XXXX Auto Loan # XXXX ( Opened XX/XX/XXXX ) Charged-Off Auto Loan, ~ {$40000.00} balance ( XXXX XXXX XXXX XXXX XXXX XXXX set-off should show paid as agreed or {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported monthly as charge-off ) 13 months {$13000.00} Santander/Chrysler Capital Auto Lease # XXXX Charged-Off, {$3800.00} past due ( lease contract terminated, balance not owed ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off XXXX 3 months {$3000.00} XXXX XXXX XXXX XXXX Personal Loan # XXXX ( Opened XX/XX/XXXX ) Open, {$21000.00} balance, {$4200.00} past due ( inaccurate debt was subject to UCC lien, should not be reporting as past XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX ( reported XXXX days late continuously ) 6 months {$6000.00} Experian Total Statutory Damages : {$68000.00} for XXXX violation-months XXXX XXXX punitive damages for willful conduct. \nNotes : Each listed account should have been deleted entirely. For example, the XXXX XXXX debt was canceled in XXXX, yet Experian continued to report it as a charge-off every month into XXXX. The XXXX XXXX accounts were subject to my XXXX agreement filings in XXXX, yet Experian did not remove them and even updated them as recently as XX/XX/XXXX, showing substantial delinquency. This demonstrates willfulness Experian had notice but chose to let the damaging, false information persist. \nXXXX XXXX Accounts to Delete and Liability The following accounts remain on my XXXX credit report with similar inaccuracies ( it is expected TransUnions data mirrors Experians, as the furnishers provided the same false information to all bureaus ). XXXX has likewise failed to delete these entries after my disputes. \n( If account details differ slightly on XXXX, they will be identified by the creditor and account number. The same rationale from XXXX table applies. ) Creditor ( Account ) Account XXXX. Status on XXXX Inaccuracy Period Months Damages ( @ $ XXXX ) XXXX XXXX ( XXXX Bank ) # XXXX Charged-Off, balance {$5600.00} ( debt canceled ) XX/XX/XXXX Feb 2025 17 {$17000.00} XXXX Card ( Chase ) # XXXX Charged-Off, balance {$6100.00} ( debt canceled ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXX Bank # XXXX Charged-Off, balance {$2300.00} ( debt canceled ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXX Federal XXXX Auto Loan # XXXX Charged-Off XXXX XXXX XXXX XXXX XXXX balance ( debt set-off ) XX/XX/XXXX Feb 2025 13 {$13000.00} Santander/Chrysler Cap Lease # XXXX Charged-Off Lease, ~ $ XXXX past XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX {$3000.00} XXXX Federal XXXX Pers. Loan # XXXX Open, {$4200.00} past due ( should be {$0.00} ) XX/XX/XXXX XX/XX/XXXX XXXX {$6000.00} XXXX XXXX XXXX XXXX : {$67000.00} ( estimated ). \nNotes : XXXX was included in the same disputes and received the same evidence. It is equally liable for each month it continued reporting these accounts. Notably, TransUnions own records should reflect my disputes ( including any CFPB complaint I filed ). Its failure to correct or even mark the accounts as disputed demonstrates a reckless disregard of its duties. \nXXXX XXXX Accounts to Delete and XXXX The XXXX credit report also contains these erroneous accounts. XXXX liability is calculated similarly : XXXX ( Account ) Account XXXX. Status on XXXX Inaccuracy Period Months Damages ( @ $ XXXX ) XXXX XXXX ( XXXX XXXX  ) # XXXX Charged Off, {$5600.00} balance ( canceled debt ) XX/XX/XXXX Feb 2025 17 {$17000.00} XXXX XXXX  ( Chase ) # XXXX Charged Off, {$6100.00} balance ( canceled debt ) XX/XX/XXXXXXXX XXXX XXXX XXXX {$14000.00} XXXX XXXX  # XXXX Charged Off, {$2300.00} balance ( canceled debt ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX Charged-Off Auto, ~ $ XXXX balance ( set-off ) XX/XX/XXXXXXXX XXXX XXXX XXXX  {$13000.00} XXXX XXXX Lease # XXXX Charged-Off XXXX XXXX XXXX XXXX XXXX past due ( not owed ) XX/XX/XXXX XX/XX/XXXX XXXX {$3000.00} XXXX XXXX XXXX XXXX XXXX XXXX  XXXX Open, past due {$4200.00} ( inaccurate, not owed ) XX/XX/XXXX XX/XX/XXXX XXXX {$6000.00} XXXX XXXX XXXX XXXX : {$67000.00} ( estimated ). \nNotes : XXXX has historically had issues with credit report accuracy ( as its risk disclosures concede and it appears the same pattern occurred here. All three bureaus are expected to coordinate deletion once one confirms an error, yet in my case none took proper action thus all three face parallel liability. \nXXXX XXXX ( All Bureaus ) : {$200000.00} in preliminary statutory damages ( Experian $ XXXX + XXXX $ XXXX + XXXX $ XXXX ), plus any actual damages to my credit and emotional distress ( to be determined ) and punitive damages for willful FCRA violations. These figures far exceed the threshold for federal litigation, and I will seek the maximum allowed, including possibly class-action remedies if applicable ( noting that the patterns here XXXX affect many consumers ). \nI highlight these amounts to make clear that ignoring my rightful demands could prove extremely costly to your companies. And these are per consumer ; regulators can and do seek even higher penalties ( as noted, CFPB can fine up to {$1.00} XXXX per day per violation, which could theoretically dwarf my private claim ). This is entirely avoidable if you simply do what the law requires now. \n\n\n\n\n\n\nDemand for Immediate Action I hereby demand the following relief from each Credit Bureau, to be completed within XXXX calendar days of receipt of this letter : XXXX. Permanent Deletion of Listed Accounts : Remove in their entirety the above-referenced accounts from my credit file. This means deleting the trade line, not just changing the status to paid or disputed. The only acceptable outcome under law is deletion, given the circumstances ( 15 U.S.C. 1681i ( a ) ( 5 ) ( A ) ). No reinsertion is permitted unless verified by new certified information, and you must notify me if any reinsertion is attemp\n\nted ( 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ). However, since the facts show these accounts are not verifiable and not owed, they should not ever be reinserted.\n\n2. Written Confirmation : Provide written confirmation on your company letterhead that each disputed account has been deleted due to inaccuracies. Pursuant to 15 U.S.C. 1681i ( a ) ( 6 ) and ( 8 ), you must send me notice of the results of my dispute and a copy of my revised credit report showing the deletions within 5 business days. I expect this confirmation by email and mail given the urgency.\n\n3. Cease Reporting to Others : Ensure that these accounts are deleted across all your reporting and no longer provided to any third parties. Additionally, notify any other consumer reporting agency to which you furnish data ( if any, such as secondary bureaus or resellers ) of the deletions, as required by law ( furnishers must update all CRAs, and CRAs should communicate results under 1681i ( a ) ( 5 ) ( D ) ). This includes updating any data you have shared with insurance scoring companies, tenant screening, or employment screening companies that might have obtained my report with these erroneous entries. \nXXXX. Damages and Compensation ( Reservation ) : While deletion is necessary, I also demand that you preserve all records related to these accounts and my disputes, as I am evaluating further legal action for the harm already caused. My XXXX XXXX and opportunities have suffered due to your reporting of false delinquencies ( for instance, I have been denied credit and faced higher interest rates, which are provable actual damages ). I XXXX seek monetary compensation in addition to the statutory damages outlined if we proceed to court. This letter is not an offer to settle my damages claim ; it is a demand for compliance. If you wish to discuss a broader settlement ( including monetary relief to avoid a lawsuit ), you XXXX contact me in writing with an offer after you have deleted the accounts and provided proof. \nXXXX. Refrain from Retaliation or Secondary Reporting : Do not, under any circumstances, reinsert these items or replace them with any coded notation that could indirectly harm my credit ( such as labeling them as consumer disagrees or some obscure code ). The only correct action is a clean deletion. Also, do not sell or transfer information about these disputed debts to any third-party debt XXXX or data aggregators if any such activity is detected, it will be met with additional legal action for breach of the FCRA and XXXX the FDCPA if applicable. \nResponse Deadline 5 Days : XXXX is of the essence. You have XXXX calendar days from receipt of this notice to complete the deletions and confirm in writing. This timeline is reasonable and in fact slightly more lenient than FCRAs own dispute timeline in cases where the information is obviously wrong or unverifiable. Given that you have had months of prior notice through my disputes, and that I have now provided a detailed legal rationale, you should need no additional time to investigate. Any delay beyond 5 days will be considered further willful non-compliance. If by the end of the XXXX day I do not have written confirmation of deletion from each of you, I will proceed with the following without further notice : File a lawsuit against each of you for violations of the FCRA ( and any other applicable laws, such as defamation and Minnesota state law ). I will seek the full $ XXXX in damages itemized above, plus attorneys fees and punitive damages. \nI will also seek injunctive relief as appropriate. Be advised that courts have awarded significant punitive damages in cases of willful FCRA violations where agencies ignored multiple dispute notices. Your conduct here is egregious and meets the standard for willfulness ( especially after this letter puts you on clear notice ). Each bureau will be sued in federal court ( with venue in my district ). \nFile regulatory complaints : I will file formal complaints with the Consumer Financial Protection Bureau, the Federal Trade Commission, my states Attorney General, the Minnesota Department of Commerce, and any other relevant oversight body. These complaints XXXX","date_sent_to_company":"2025-04-07T18:58:04.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"55112","tags":null,"has_narrative":true,"complaint_id":"12858508","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-04-07T18:57:33.000Z","state":"MN","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":["A canceled debt is no longer an enforceable obligation, and continuing to report it as owed is false. ( Indeed, IRS Pub. 4681 notes that a taxpayer may not have to include canceled debt in income under <em>certain</em> conditions underscoring that the debt is <em>treated</em> as extinguished. ) UCC Public Filings : I have filed and perfected UCC-1 Financing Statements ( Delaware Filing XXXX XXXX ; Minnesota Filing XXXX XXXX ) accompanied by executed security agreements."]},"sort":[3.8341155,"12858508"]},{"_index":"complaint-public-v1","_id":"12858504","_score":3.8341155,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Summary of Demand Please take notice that I hereby demand the immediate deletion of multiple charged-off and late-payment accounts from my credit files. These accounts ( identified in detail below ) are inaccurately reported and unlawfully retained on my credit reports despite : Debt Cancellation : The debts were canceled/discharged, triggering IRS reporting of canceled debt as income ( 26 U.S.C. 61 ( a ) ( 12 ) ) and implicating IRS Publication 4681 on canceled debts. A canceled debt is no longer an enforceable obligation, and continuing to report it as owed is false. ( Indeed, IRS Pub. 4681 notes that a taxpayer may not have to include canceled debt in income under certain conditions underscoring that the debt is treated as extinguished. ) UCC Public Filings : I have filed and perfected UCC-1 Financing Statements ( Delaware Filing XXXX XXXX ; Minnesota Filing XXXX XXXX ) accompanied by executed security agreements. These filings are public records that put all parties on notice that the referenced debts have been secured and settled. Under the Uniform Commercial Code, an account is defined as a right to payment of a monetary obligation ( including credit card or loan receivables ). The above filings establish my secured interest and rights in these accounts, meaning any remaining debt obligations have been resolved via security interest or set-off. Continuing to report these accounts as delinquent ignores the UCC Article 9 rights and the fact that the obligations have been addressed.\n\nApostilled Documents : The relevant security agreements and affidavits have been apostilled pursuant to the 1961 Hague Convention, confirming their authenticity as public documents internationally. This means the discharge of debt and transfer of rights in those accounts are not only recorded domestically but also recognized internationally. The Credit Bureaus have constructive and actual notice of these apostilled public filings, yet have failed to adjust my reports accordingly. \nPrior Disputes FCRA Non-Compliance : I have disputed these accounts, yet you have failed to investigate and correct the information as required. Under the Fair Credit Reporting Act ( FCRA ), you are obligated to maintain maximum possible accuracy and to promptly delete or correct information that can not be verified or is inaccurate. However, the accounts remain, showing months of false derogatory information. This is a blatant violation of 15 U.S.C. 1681e ( b ), 1681i, and 1681s-2 ( b ). The FCRA and its implementing regulations also require furnishers and bureaus to ensure information reflects the true status of the debt. For example, CFPB regulations define accuracy to mean that furnished information correctly reflects liability and performance on the account Reporting a canceled or otherwise settled debt as a charge-off with a balance due is inaccurate by definition under these standards.\n\nDemand : I demand that each Credit Bureau delete the accounts listed below in full from my credit reports. Written confirmation of deletion and updated credit reports should be provided within 5 calendar days of your receipt of this letter ( note : FCRA also requires that upon deletion after a dispute, the consumer be notified and provided a copy of the updated report within 5 business daysFailure to comply will result in immediate legal action, regulatory complaints, and pursuit of all available remedies against you.\n\n________________________________________ 2. Legal Basis for Removal of These Accounts 2.1 Debt Cancellation IRS Treatment and Federal Law Under federal law, a debt that is canceled or forgiven is treated as income to the debtor, because it is no longer an obligation to repay ( 26 U.S.C. 61 ( a ) ( 12 ) ). I have received IRS Form 1099-C for the relevant accounts ( or the creditors were obligated to issue them ), meaning the creditors formally canceled the debts. Once a debt is canceled, the creditor writes off the debt, and the IRS considers it discharged. In fact, IRS Publication 4681 explicitly notes that a taxpayer may exclude canceled debt from income in cases of insolvency or other exceptions reinforcing that the debt itself has been extinguished.\n\nImplication : If a debt no longer exists for purposes of collection ( and is only an IRS reportable event ), it is patently inaccurate for the Credit Bureau to continue reporting the account as an outstanding balance, past-due, or charge-off. Doing so misrepresents the consumers obligations and creditworthiness. By reporting a canceled debt as a live delinquency, you are furnishing false credit information. This runs afoul of the FCRAs accuracy mandate and also potentially constitutes deceptive conduct, since the true status ( discharged debt ) is not reflected. It also may violate 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), which prohibits furnishers from reporting information they know or have reason to know is inaccurate.\n\nFurthermore, federal regulations and banking guidelines require that creditors charge off delinquent accounts ( e.g. credit cards after 180 days of non-payment ) and cease treating them as assets. Once charged off, the debt is no longer carried on the creditors books, and if its also canceled ( with a 1099-C issued ), it is effectively resolved from a legal standpoint. Continuing to report such an account as if its an enforceable debt is not only inaccurate but also undermines the purpose of those regulations ( which is to accurately reflect when a debt is uncollectible ).\n\nIn summary, the presence of a 1099-C or charge-off on an account means the debt should not be reported as owed. I have included in prior disputes copies of relevant 1099-C forms and affidavits of debt cancellation. Your failure to remove these accounts despite evidence of cancellation is a willful violation of FCRAs requirement to follow reasonable procedures to assure maximum possible accuracy XXXX. \nXXXX UCC Financing Statements and Security Agreements I have taken the additional step of securing my rights through the Uniform Commercial Code ( UCC ) filings mentioned above. These UCC-1 Financing Statements, filed with the Delaware Secretary of State and the Minnesota Secretary of State, give public notice of a security interest in the accounts/debts at issue. In the underlying security agreements ( duly executed and notarized ), the original creditors agreed ( by acquiescence or contract ) to transfer rights and title in the accounts to me, the secured party, as part of a settlement and discharge of the debt. These documents have been apostilled for authenticity under the Hague Convention of 1961, making them valid for recognition internationally.\n\nUnder UCC Article 9, an account is broadly defined as a right to payment of a monetary obligation, including those arising from loans or credit card transactions The debts being reported by your agency fall squarely within this definition. As the secured party of record on these accounts, I hold the senior rights to those obligations. In effect, the obligations have been assigned to me and discharged they are no longer owed by me to the original creditors. Therefore, from the perspective of any third-party ( including a CRA ), there is a XXXX balance and no delinquency the original creditor has been made whole or has relinquished its claim, and I, as the secured party, am not reporting any claim of delinquency on myself ( obviously ). \nYour reporting of these accounts as charge-offs or past-due ignores the UCC record and the reality that the debts have been settled via a security interest exchange. This not only violates FCRA ( by reporting fundamentally inaccurate account status ) but also interferes with my rights under UCC law. Minnesotas adoption of the UCC ( Minn. Stat. 336.9-101 et seq. ) and Delawares UCC provisions both dictate that a perfected security interest puts the world on notice of the secured partys rights. By continuing to report the debt as owed to the original creditor ( and in default ), you are publishing information that is inconsistent with public records and derogatory to the secured partys interest.\n\nI remind you that federal law ( 15 U.S.C. 1681s-2 ( b ) ) requires furnishers to update and correct information that is no longer accurate. Here, the furnishers ( original creditors ) have documentation of these UCC filings and should have instructed deletion ; if they failed to do so, both they and you are liable for willful FCRA violations.\n\nThe existence of a publicly filed UCC-1 Financing Statement is easily verifiable evidence that the debt status is disputed and transferred failing to consider or investigate that is a violation of your duty under 15 U.S.C. 1681i ( a ).\n\n2.3 FCRA Violations by the Credit Bureaus and Furnishers The FCRA imposes strict duties on credit reporting agencies ( CRAs ) like Experian, XXXX, and XXXX, as well as on the furnishers of information ( the creditors ). Your handling of these accounts breaches multiple FCRA provisions : Failure to Assure Accuracy ( 15 U.S.C. 1681e ( b ) ) : Every time you prepare a consumer report, you must have reasonable procedures to assure maximum possible accuracy of the information. Reporting a debt as outstanding when it was canceled ( or continuing to report a charge-off with a balance that was forgiven ) is not accurate, let alone maximally accurate. The law requires you to do more than simply parrot whatever a furnisher sent in the past you must ensure the info remains current and correct. Given the ample notices and disputes I provided, your procedures ( or lack thereof ) have clearly failed this standard. This is a textbook violation of 1681e ( b ).\n\nFailure to Reinvestigate and Delete ( 15 U.S.C. 1681i ) : When I disputed these accounts, you were obligated to conduct a reasonable reinvestigation. If information is found inaccurate or can not be verified, you must delete it from the file. In my case, either the information was not verified ( e.g., the creditor failed to prove the debt was still owed, especially in light of a 1099-C or UCC filing ), or the reinvestigation was not reasonable. In fact, the continued presence of these accounts indicates you willfully ignored the evidence. Notably, 1681i ( a ) ( 5 ) requires that disputed information that is inaccurate or unverifiable shall be promptly deleted from the credit file. Your refusal to delete is unlawful. Even worse, your own records ( as shown on my credit report ) indicate that some of these accounts were updated in response to my disputes rather than deleted an inadequate response since the only proper outcome was deletion, not an artificial update that left the derogatory mark in place.\n\nFurnisher Duties ( 15 U.S.C. 1681s-2 ( b ) ) : After you received my dispute, you were required to notify the furnishers ( creditors ) within 5 business days ( which I believe you did ). Then each furnisher must investigate and report back to you the results, including correcting or deleting any information found to be inaccurate or unverifiable. If the furnisher confirms the info is inaccurate or can not verify it, they must instruct you to modify, delete, or permanently block the information ( 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( E ) ) .Either the furnishers failed to do their job or you failed to implement their instructions, but either scenario is a violation : furnishers are liable under 1681s-2 ( b ) and you, the CRA, are liable under 1681e ( b ) and 1681i. The law even provides a fee-shifting provision for consumers to sue on these violations, which I will utilize if needed.\n\nFailure to Mark Accounts as Disputed : Additionally, under 15 U.S.C. 1681i ( c ) and 1681s-2 ( a ) ( 3 ), any information under dispute must be noted as disputed in a consumers file if it is not deleted. My credit reports did not consistently show a dispute notation on these accounts after my disputes ( some show generic comments, others do not ). This is another FCRA violation failing to flag a disputed debt can itself give rise to liability ( its seen as furnishing incomplete information, which courts have held as actionable ).\n\nContinuing to Report After Notice of Error : FCRA 1681s-2 ( a ) ( 1 ) ( B ) forbids a furnisher from reporting information after they have been notified of its inaccuracy, if it is in fact inaccurate. My disputes and provided documentation were such notice. Therefore, each month that the furnishers ( creditors ) allowed these tradelines to remain and update on my reports, they violated this section. While direct consumer enforcement of 1681s-2 ( a ) is limited ( primarily enforceable by regulators ), those violations underpin the willfulness of the 1681s-2 ( b ) and 1681i violations, strengthening my case for damages. Moreover, I reserve the right to report those furnishers to the CFPB and banking regulators for regulatory action.\n\nIn short, the FCRA has been violated on multiple counts. Your agencies have willfully reported inaccurate data and failed to correct it after disputes, and the furnishers have failed to conduct proper investigations or inform you of necessary deletions. The law provides for civil liability for willful noncompliance up to {$1000.00} in statutory damages per violation, plus actual damages and punitive damages ( 15 U.S.C. 1681n ). I have enumerated each month of false reporting as a separate violation below for damage calculation purposes.\n\n2.4 Violations of Minnesota Law and Federal Regulations Your conduct also implicates state law and other federal rules : Minnesota Statutes Chapter 47 : Minnesota law ( Chapter 47, Financial Corporations ) reflects a strong policy against false reporting by financial entities. For example, Minn. Stat. 47.26 makes it a felony for any officer or agent of a corporation to willfully violate the law and continue such violation for over 10 days. Reporting patently false credit information about a Minnesota consumer and stubbornly refusing to correct it after repeated notice ( for months on end ), could be construed as the type of willful, continued violation that the state considers criminal. Whether or not a prosecutor pursues such charges, this statute underscores the seriousness of your misconduct.\n\nAdditionally, to the extent the furnishers are financial institutions, providing false information to credit bureaus may violate Minnesotas banking laws ( Chapter XXXX ) and could invite action from the Minnesota Department XXXX XXXX. I will be forwarding a complaint to state authorities to review whether your actions constitute any breach of Minnesota law or regulations ( including but not limited to any unfair or deceptive practice statutes or regulations on reporting obligations ).\n\n12 C.F.R. CFPB Regulations ( Regulation V ) and OCC/FDIC Guidelines : Federal regulations require robust accuracy and integrity policies. The CFPBs Regulation V ( 12 C.F.R. 1022.42 and Appendix E ) obligates furnishers to establish internal controls to ensure the accuracy and integrity of furnished information. The continued reporting of these discharged debts indicates a failure of those controls. It suggests that either the furnishers did not properly update the status to the CRAs, or the CRAs ignored or mishandled the updates. Either way, regulatory guidelines were broken. Moreover, banking regulators ( OCC, FDIC, Federal Reserve ) have issued guidelines ( e.g. the Uniform Retail Credit Classification Policy ) requiring timely charge-off of delinquent debts ( generally at 180 days past due ) and cessation of accruing interest, etc. If after charge-off a bank chooses to cancel the debt ( often to claim a tax benefit or comply with XXXX rules ), that information must be accurately reflected. By failing to note the true status ( canceled ) on credit reports, the furnishers ( and you as their conduit ) are effectively publishing a false account of the banks own credit loss ( making it look as if the bank could still collect money which it has legally discharged ). This could even raise issues with 12 C.F.R. 621.5 ( for institutions governed by the XXXX XXXX XXXX ) which requires writing off uncollectible loans, or other agency-specific rules, by creating a discrepancy between the banks books and consumer credit reports.\n\n31 C.F.R. Treasury Regulations : Title 31 of the Code of Federal Regulations contains the Federal Claims Collection Standards and other rules regarding debt collection. When a debt is conclusively deemed uncollectible ( as is the case with these accounts ), federal policy ( e.g. 31 C.F.R. 285 and 903 under the Debt Collection Improvement Act standards ) is to stop active collection and update records accordingly. In spirit, continuing to report a canceled debt as if owed is contrary to these federal standards. It also potentially mischaracterizes the debts legal status, which could be seen as an unfair collection practice if done to pressure payment on a nonexistent obligation. \nIn summary, your actions are not only violating the FCRA but also undermine state law protections and regulatory frameworks designed to ensure truthful credit reporting and financial transparency. I will not hesitate to invoke all relevant laws in a court of law to hold you accountable. \nXXXX Federal Securities Law Considerations ( Exchange Act of XXXX ) XXXX, XXXX, and Experian ( through its parent company ) are publicly traded companies subject to the Securities Exchange Act of 1934. This means you file annual reports ( Form 10-K ) and other disclosures with the Securities and Exchange Commission ( SEC ) , and you are required to disclose material legal proceedings and risks. By engaging in systemic FCRA violations and accruing significant potential liabilities to consumers like myself, you XXXX also be violating SEC disclosure requirements if you fail to adequately disclose these issues to your shareholders. \nNotably, in Equifaxs most recent Form 10-K, the company acknowledged that the number of consumer lawsuits alleging FCRA violations have increased substantially over the past several years. This indicates that these bureaus are aware of widespread non-compliance problems. TransUnions filings likewise disclosed that the CFPB issued a NORA ( Notice and Opportunity to Respond and Advise ) letter alleging TransUnion violated FCRA dispute investigation requirements.\n\nSuch an allegation from the CFPB is serious ; if TransUnion ( or any bureau ) fails to correct known FCRA issues, it could lead to enforcement action or large fines clearly material information for investors.\n\nIf you continue to willfully flout the FCRA ( as in my case ) and do not disclose the scope of this non-compliance in your SEC filings, you could be engaging in securities fraud by omission. Rule 10b-5 under the 1934 Act prohibits making any untrue statement of a material fact or omitting to state a material fact necessary to make statements not misleading. By now, it is clear that your business faces material risks due to the way you handle consumer disputes and credit reporting accuracy ( the multitude of lawsuits and CFPB inquiries is evidence of that ). Should litigation arise from my case or others like it, or should regulatory fines hit, your investors would rightfully say : why wasnt this fully disclosed?\n\nI put this in my demand letter to underscore that your legal troubles do not exist in a vacuum they affect your duties to regulators beyond the CFPB. I fully intend to submit copies of my complaints and any eventual lawsuit to the SECs enforcement division, so they can evaluate whether you have properly disclosed the legal and compliance risks related to your credit reporting practices. Equifaxs 10-K even warns that the CFPB can seek penalties of up to {>= $1,000,000} per day for knowing violations of consumer finance laws. Consider this letter as notice that your FCRA violations are knowing and willful if you choose to ignore this and not remediate, any resulting penalties ( at potentially {$1.00} million per day per violation ) will be on your heads and will certainly interest your investors and the SEC.\n\nBottom line : It is in your own corporate and shareholder interest, as well as your legal obligation, to delete the inaccurate information immediately. Continuing to report false data not only harms me, but exposes you to mounting liability and regulatory risk, which you can avoid ( or limit ) by doing what the law requires correcting the information now.\n\n3. Inaccurate Accounts and Damage Calculations Below is a breakdown of each inaccurate account that remains on my credit reports, the period of wrongful reporting, and the statutory damages I will seek if this matter proceeds to litigation. Each month that an account was reported with false information after it should have been removed is counted as a separate FCRA violation ( 15 U.S.C. 1681n provides up to {$1000.00} per violation for willful noncompliance ). I will also seek punitive damages and attorneys fees as allowed. The damages calculation here is an estimate of FCRA statutory damages alone, which will be adjusted as necessary.\n\n3.1 Experian Accounts to Delete and Liability The following accounts on my Experian credit file are inaccurately reported and must be deleted. Experian failed to remove these even after disputes, in violation of the FCRA. \nCreditor ( Account ) Account XXXX. Status on Experian Inaccuracy Period Months of Violation Damages ( XXXX XXXX XXXX ) XXXX XXXX ( XXXX Bank ) Credit Card # XXXX Charged-Off, {$5600.00} balance ( should be {$0.00} debt canceled ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off with balance ) 17 months {$17000.00} XXXX XXXX  ( Chase ) Credit Card # XXXX Charged-Off, {$6100.00} balance, {$4000.00} past due ( debt canceled; balance should be {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off/collection ) 14 months {$14000.00} XXXX Bank Credit Card # XXXX Charged-Off, {$2300.00} balance ( debt canceled XXXX XXXX XXXX XXXX show {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off with balance ) 14 months {$14000.00} XXXX XXXX XXXX XXXX Auto Loan # XXXX ( Opened XX/XX/XXXX ) Charged-Off Auto Loan, ~ {$40000.00} balance ( XXXX XXXX XXXX XXXX XXXX XXXX set-off should show paid as agreed or {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported monthly as charge-off ) 13 months {$13000.00} Santander/Chrysler Capital Auto Lease # XXXX Charged-Off, {$3800.00} past due ( lease contract terminated, balance not owed ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off XXXX 3 months {$3000.00} XXXX XXXX XXXX XXXX Personal Loan # XXXX ( Opened XX/XX/XXXX ) Open, {$21000.00} balance, {$4200.00} past due ( inaccurate debt was subject to UCC lien, should not be reporting as past XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX ( reported XXXX days late continuously ) 6 months {$6000.00} Experian Total Statutory Damages : {$68000.00} for XXXX violation-months XXXX XXXX punitive damages for willful conduct. \nNotes : Each listed account should have been deleted entirely. For example, the XXXX XXXX debt was canceled in XXXX, yet Experian continued to report it as a charge-off every month into XXXX. The XXXX XXXX accounts were subject to my XXXX agreement filings in XXXX, yet Experian did not remove them and even updated them as recently as XX/XX/XXXX, showing substantial delinquency. This demonstrates willfulness Experian had notice but chose to let the damaging, false information persist. \nXXXX XXXX Accounts to Delete and Liability The following accounts remain on my XXXX credit report with similar inaccuracies ( it is expected TransUnions data mirrors Experians, as the furnishers provided the same false information to all bureaus ). XXXX has likewise failed to delete these entries after my disputes. \n( If account details differ slightly on XXXX, they will be identified by the creditor and account number. The same rationale from XXXX table applies. ) Creditor ( Account ) Account XXXX. Status on XXXX Inaccuracy Period Months Damages ( @ $ XXXX ) XXXX XXXX ( XXXX Bank ) # XXXX Charged-Off, balance {$5600.00} ( debt canceled ) XX/XX/XXXX Feb 2025 17 {$17000.00} XXXX Card ( Chase ) # XXXX Charged-Off, balance {$6100.00} ( debt canceled ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXX Bank # XXXX Charged-Off, balance {$2300.00} ( debt canceled ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXX Federal XXXX Auto Loan # XXXX Charged-Off XXXX XXXX XXXX XXXX XXXX balance ( debt set-off ) XX/XX/XXXX Feb 2025 13 {$13000.00} Santander/Chrysler Cap Lease # XXXX Charged-Off Lease, ~ $ XXXX past XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX {$3000.00} XXXX Federal XXXX Pers. Loan # XXXX Open, {$4200.00} past due ( should be {$0.00} ) XX/XX/XXXX XX/XX/XXXX XXXX {$6000.00} XXXX XXXX XXXX XXXX : {$67000.00} ( estimated ). \nNotes : XXXX was included in the same disputes and received the same evidence. It is equally liable for each month it continued reporting these accounts. Notably, TransUnions own records should reflect my disputes ( including any CFPB complaint I filed ). Its failure to correct or even mark the accounts as disputed demonstrates a reckless disregard of its duties. \nXXXX XXXX Accounts to Delete and XXXX The XXXX credit report also contains these erroneous accounts. XXXX liability is calculated similarly : XXXX ( Account ) Account XXXX. Status on XXXX Inaccuracy Period Months Damages ( @ $ XXXX ) XXXX XXXX ( XXXX XXXX  ) # XXXX Charged Off, {$5600.00} balance ( canceled debt ) XX/XX/XXXX Feb 2025 17 {$17000.00} XXXX XXXX  ( Chase ) # XXXX Charged Off, {$6100.00} balance ( canceled debt ) XX/XX/XXXXXXXX XXXX XXXX XXXX {$14000.00} XXXX XXXX  # XXXX Charged Off, {$2300.00} balance ( canceled debt ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX Charged-Off Auto, ~ $ XXXX balance ( set-off ) XX/XX/XXXXXXXX XXXX XXXX XXXX  {$13000.00} XXXX XXXX Lease # XXXX Charged-Off XXXX XXXX XXXX XXXX XXXX past due ( not owed ) XX/XX/XXXX XX/XX/XXXX XXXX {$3000.00} XXXX XXXX XXXX XXXX XXXX XXXX  XXXX Open, past due {$4200.00} ( inaccurate, not owed ) XX/XX/XXXX XX/XX/XXXX XXXX {$6000.00} XXXX XXXX XXXX XXXX : {$67000.00} ( estimated ). \nNotes : XXXX has historically had issues with credit report accuracy ( as its risk disclosures concede and it appears the same pattern occurred here. All three bureaus are expected to coordinate deletion once one confirms an error, yet in my case none took proper action thus all three face parallel liability. \nXXXX XXXX ( All Bureaus ) : {$200000.00} in preliminary statutory damages ( Experian $ XXXX + XXXX $ XXXX + XXXX $ XXXX ), plus any actual damages to my credit and emotional distress ( to be determined ) and punitive damages for willful FCRA violations. These figures far exceed the threshold for federal litigation, and I will seek the maximum allowed, including possibly class-action remedies if applicable ( noting that the patterns here XXXX affect many consumers ). \nI highlight these amounts to make clear that ignoring my rightful demands could prove extremely costly to your companies. And these are per consumer ; regulators can and do seek even higher penalties ( as noted, CFPB can fine up to {$1.00} XXXX per day per violation, which could theoretically dwarf my private claim ). This is entirely avoidable if you simply do what the law requires now. \n\n\n\n\n\n\nDemand for Immediate Action I hereby demand the following relief from each Credit Bureau, to be completed within XXXX calendar days of receipt of this letter : XXXX. Permanent Deletion of Listed Accounts : Remove in their entirety the above-referenced accounts from my credit file. This means deleting the trade line, not just changing the status to paid or disputed. The only acceptable outcome under law is deletion, given the circumstances ( 15 U.S.C. 1681i ( a ) ( 5 ) ( A ) ). No reinsertion is permitted unless verified by new certified information, and you must notify me if any reinsertion is attemp\n\nted ( 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ). However, since the facts show these accounts are not verifiable and not owed, they should not ever be reinserted.\n\n2. Written Confirmation : Provide written confirmation on your company letterhead that each disputed account has been deleted due to inaccuracies. Pursuant to 15 U.S.C. 1681i ( a ) ( 6 ) and ( 8 ), you must send me notice of the results of my dispute and a copy of my revised credit report showing the deletions within 5 business days. I expect this confirmation by email and mail given the urgency.\n\n3. Cease Reporting to Others : Ensure that these accounts are deleted across all your reporting and no longer provided to any third parties. Additionally, notify any other consumer reporting agency to which you furnish data ( if any, such as secondary bureaus or resellers ) of the deletions, as required by law ( furnishers must update all CRAs, and CRAs should communicate results under 1681i ( a ) ( 5 ) ( D ) ). This includes updating any data you have shared with insurance scoring companies, tenant screening, or employment screening companies that might have obtained my report with these erroneous entries. \nXXXX. Damages and Compensation ( Reservation ) : While deletion is necessary, I also demand that you preserve all records related to these accounts and my disputes, as I am evaluating further legal action for the harm already caused. My XXXX XXXX and opportunities have suffered due to your reporting of false delinquencies ( for instance, I have been denied credit and faced higher interest rates, which are provable actual damages ). I XXXX seek monetary compensation in addition to the statutory damages outlined if we proceed to court. This letter is not an offer to settle my damages claim ; it is a demand for compliance. If you wish to discuss a broader settlement ( including monetary relief to avoid a lawsuit ), you XXXX contact me in writing with an offer after you have deleted the accounts and provided proof. \nXXXX. Refrain from Retaliation or Secondary Reporting : Do not, under any circumstances, reinsert these items or replace them with any coded notation that could indirectly harm my credit ( such as labeling them as consumer disagrees or some obscure code ). The only correct action is a clean deletion. Also, do not sell or transfer information about these disputed debts to any third-party debt XXXX or data aggregators if any such activity is detected, it will be met with additional legal action for breach of the FCRA and XXXX the FDCPA if applicable. \nResponse Deadline 5 Days : XXXX is of the essence. You have XXXX calendar days from receipt of this notice to complete the deletions and confirm in writing. This timeline is reasonable and in fact slightly more lenient than FCRAs own dispute timeline in cases where the information is obviously wrong or unverifiable. Given that you have had months of prior notice through my disputes, and that I have now provided a detailed legal rationale, you should need no additional time to investigate. Any delay beyond 5 days will be considered further willful non-compliance. If by the end of the XXXX day I do not have written confirmation of deletion from each of you, I will proceed with the following without further notice : File a lawsuit against each of you for violations of the FCRA ( and any other applicable laws, such as defamation and Minnesota state law ). I will seek the full $ XXXX in damages itemized above, plus attorneys fees and punitive damages. \nI will also seek injunctive relief as appropriate. Be advised that courts have awarded significant punitive damages in cases of willful FCRA violations where agencies ignored multiple dispute notices. Your conduct here is egregious and meets the standard for willfulness ( especially after this letter puts you on clear notice ). Each bureau will be sued in federal court ( with venue in my district ). \nFile regulatory complaints : I will file formal complaints with the Consumer Financial Protection Bureau, the Federal Trade Commission, my states Attorney General, the Minnesota Department of Commerce, and any other relevant oversight body. These complaints XXXX","date_sent_to_company":"2025-04-07T18:58:04.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"55112","tags":null,"has_narrative":true,"complaint_id":"12858504","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-04-07T18:57:33.000Z","state":"MN","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["A canceled debt is no longer an enforceable obligation, and continuing to report it as owed is false. ( Indeed, IRS Pub. 4681 notes that a taxpayer may not have to include canceled debt in income under <em>certain</em> conditions underscoring that the debt is <em>treated</em> as extinguished. ) UCC Public Filings : I have filed and perfected UCC-1 Financing Statements ( Delaware Filing XXXX XXXX ; Minnesota Filing XXXX XXXX ) accompanied by executed security agreements."]},"sort":[3.8341155,"12858504"]},{"_index":"complaint-public-v1","_id":"12858035","_score":3.8230395,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Summary of Demand Please take notice that I hereby demand the immediate deletion of multiple charged-off and late-payment accounts from my credit files. These accounts ( identified in detail below ) are inaccurately reported and unlawfully retained on my credit reports despite : Debt Cancellation : The debts were canceled/discharged, triggering IRS reporting of canceled debt as income ( 26 U.S.C. 61 ( a ) ( 12 ) ) and implicating IRS Publication 4681 on canceled debts. A canceled debt is no longer an enforceable obligation, and continuing to report it as owed is false. ( Indeed, IRS Pub. 4681 notes that a taxpayer may not have to include canceled debt in income under certain conditions underscoring that the debt is treated as extinguished. ) UCC Public Filings : I have filed and perfected UCC-1 Financing Statements ( Delaware Filing XXXX XXXX ; Minnesota Filing XXXX XXXX ) accompanied by executed security agreements. These filings are public records that put all parties on notice that the referenced debts have been secured and settled. Under the Uniform Commercial Code, an account is defined as a right to payment of a monetary obligation ( including credit card or loan receivables ). The above filings establish my secured interest and rights in these accounts, meaning any remaining debt obligations have been resolved via security interest or set-off. Continuing to report these accounts as delinquent ignores the UCC Article 9 rights and the fact that the obligations have been addressed.\n\nApostilled Documents : The relevant security agreements and affidavits have been apostilled pursuant to the 1961 Hague Convention, confirming their authenticity as public documents internationally. This means the discharge of debt and transfer of rights in those accounts are not only recorded domestically but also recognized internationally. The Credit Bureaus have constructive and actual notice of these apostilled public filings, yet have failed to adjust my reports accordingly. \nPrior Disputes FCRA Non-Compliance : I have disputed these accounts, yet you have failed to investigate and correct the information as required. Under the Fair Credit Reporting Act ( FCRA ), you are obligated to maintain maximum possible accuracy and to promptly delete or correct information that can not be verified or is inaccurate. However, the accounts remain, showing months of false derogatory information. This is a blatant violation of 15 U.S.C. 1681e ( b ), 1681i, and 1681s-2 ( b ). The FCRA and its implementing regulations also require furnishers and bureaus to ensure information reflects the true status of the debt. For example, CFPB regulations define accuracy to mean that furnished information correctly reflects liability and performance on the account Reporting a canceled or otherwise settled debt as a charge-off with a balance due is inaccurate by definition under these standards.\n\nDemand : I demand that each Credit Bureau delete the accounts listed below in full from my credit reports. Written confirmation of deletion and updated credit reports should be provided within 5 calendar days of your receipt of this letter ( note : FCRA also requires that upon deletion after a dispute, the consumer be notified and provided a copy of the updated report within 5 business daysFailure to comply will result in immediate legal action, regulatory complaints, and pursuit of all available remedies against you.\n\n________________________________________ 2. Legal Basis for Removal of These Accounts 2.1 Debt Cancellation IRS Treatment and Federal Law Under federal law, a debt that is canceled or forgiven is treated as income to the debtor, because it is no longer an obligation to repay ( 26 U.S.C. 61 ( a ) ( 12 ) ). I have received IRS Form 1099-C for the relevant accounts ( or the creditors were obligated to issue them ), meaning the creditors formally canceled the debts. Once a debt is canceled, the creditor writes off the debt, and the IRS considers it discharged. In fact, IRS Publication 4681 explicitly notes that a taxpayer may exclude canceled debt from income in cases of insolvency or other exceptions reinforcing that the debt itself has been extinguished.\n\nImplication : If a debt no longer exists for purposes of collection ( and is only an IRS reportable event ), it is patently inaccurate for the Credit Bureau to continue reporting the account as an outstanding balance, past-due, or charge-off. Doing so misrepresents the consumers obligations and creditworthiness. By reporting a canceled debt as a live delinquency, you are furnishing false credit information. This runs afoul of the FCRAs accuracy mandate and also potentially constitutes deceptive conduct, since the true status ( discharged debt ) is not reflected. It also may violate 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), which prohibits furnishers from reporting information they know or have reason to know is inaccurate.\n\nFurthermore, federal regulations and banking guidelines require that creditors charge off delinquent accounts ( e.g. credit cards after 180 days of non-payment ) and cease treating them as assets. Once charged off, the debt is no longer carried on the creditors books, and if its also canceled ( with a 1099-C issued ), it is effectively resolved from a legal standpoint. Continuing to report such an account as if its an enforceable debt is not only inaccurate but also undermines the purpose of those regulations ( which is to accurately reflect when a debt is uncollectible ).\n\nIn summary, the presence of a 1099-C or charge-off on an account means the debt should not be reported as owed. I have included in prior disputes copies of relevant 1099-C forms and affidavits of debt cancellation. Your failure to remove these accounts despite evidence of cancellation is a willful violation of FCRAs requirement to follow reasonable procedures to assure maximum possible accuracy XXXX. \nXXXX UCC Financing Statements and Security Agreements I have taken the additional step of securing my rights through the Uniform Commercial Code ( UCC ) filings mentioned above. These UCC-1 Financing Statements, filed with the Delaware Secretary of State and the Minnesota Secretary of State, give public notice of a security interest in the accounts/debts at issue. In the underlying security agreements ( duly executed and notarized ), the original creditors agreed ( by acquiescence or contract ) to transfer rights and title in the accounts to me, the secured party, as part of a settlement and discharge of the debt. These documents have been apostilled for authenticity under the Hague Convention of 1961, making them valid for recognition internationally.\n\nUnder UCC Article 9, an account is broadly defined as a right to payment of a monetary obligation, including those arising from loans or credit card transactions The debts being reported by your agency fall squarely within this definition. As the secured party of record on these accounts, I hold the senior rights to those obligations. In effect, the obligations have been assigned to me and discharged they are no longer owed by me to the original creditors. Therefore, from the perspective of any third-party ( including a CRA ), there is a XXXX balance and no delinquency the original creditor has been made whole or has relinquished its claim, and I, as the secured party, am not reporting any claim of delinquency on myself ( obviously ). \nYour reporting of these accounts as charge-offs or past-due ignores the UCC record and the reality that the debts have been settled via a security interest exchange. This not only violates FCRA ( by reporting fundamentally inaccurate account status ) but also interferes with my rights under UCC law. Minnesotas adoption of the UCC ( Minn. Stat. 336.9-101 et seq. ) and Delawares UCC provisions both dictate that a perfected security interest puts the world on notice of the secured partys rights. By continuing to report the debt as owed to the original creditor ( and in default ), you are publishing information that is inconsistent with public records and derogatory to the secured partys interest.\n\nI remind you that federal law ( 15 U.S.C. 1681s-2 ( b ) ) requires furnishers to update and correct information that is no longer accurate. Here, the furnishers ( original creditors ) have documentation of these UCC filings and should have instructed deletion ; if they failed to do so, both they and you are liable for willful FCRA violations.\n\nThe existence of a publicly filed UCC-1 Financing Statement is easily verifiable evidence that the debt status is disputed and transferred failing to consider or investigate that is a violation of your duty under 15 U.S.C. 1681i ( a ).\n\n2.3 FCRA Violations by the Credit Bureaus and Furnishers The FCRA imposes strict duties on credit reporting agencies ( CRAs ) like Experian, XXXX, and XXXX, as well as on the furnishers of information ( the creditors ). Your handling of these accounts breaches multiple FCRA provisions : Failure to Assure Accuracy ( 15 U.S.C. 1681e ( b ) ) : Every time you prepare a consumer report, you must have reasonable procedures to assure maximum possible accuracy of the information. Reporting a debt as outstanding when it was canceled ( or continuing to report a charge-off with a balance that was forgiven ) is not accurate, let alone maximally accurate. The law requires you to do more than simply parrot whatever a furnisher sent in the past you must ensure the info remains current and correct. Given the ample notices and disputes I provided, your procedures ( or lack thereof ) have clearly failed this standard. This is a textbook violation of 1681e ( b ).\n\nFailure to Reinvestigate and Delete ( 15 U.S.C. 1681i ) : When I disputed these accounts, you were obligated to conduct a reasonable reinvestigation. If information is found inaccurate or can not be verified, you must delete it from the file. In my case, either the information was not verified ( e.g., the creditor failed to prove the debt was still owed, especially in light of a 1099-C or UCC filing ), or the reinvestigation was not reasonable. In fact, the continued presence of these accounts indicates you willfully ignored the evidence. Notably, 1681i ( a ) ( 5 ) requires that disputed information that is inaccurate or unverifiable shall be promptly deleted from the credit file. Your refusal to delete is unlawful. Even worse, your own records ( as shown on my credit report ) indicate that some of these accounts were updated in response to my disputes rather than deleted an inadequate response since the only proper outcome was deletion, not an artificial update that left the derogatory mark in place.\n\nFurnisher Duties ( 15 U.S.C. 1681s-2 ( b ) ) : After you received my dispute, you were required to notify the furnishers ( creditors ) within 5 business days ( which I believe you did ). Then each furnisher must investigate and report back to you the results, including correcting or deleting any information found to be inaccurate or unverifiable. If the furnisher confirms the info is inaccurate or can not verify it, they must instruct you to modify, delete, or permanently block the information ( 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( E ) ) .Either the furnishers failed to do their job or you failed to implement their instructions, but either scenario is a violation : furnishers are liable under 1681s-2 ( b ) and you, the CRA, are liable under 1681e ( b ) and 1681i. The law even provides a fee-shifting provision for consumers to sue on these violations, which I will utilize if needed.\n\nFailure to Mark Accounts as Disputed : Additionally, under 15 U.S.C. 1681i ( c ) and 1681s-2 ( a ) ( 3 ), any information under dispute must be noted as disputed in a consumers file if it is not deleted. My credit reports did not consistently show a dispute notation on these accounts after my disputes ( some show generic comments, others do not ). This is another FCRA violation failing to flag a disputed debt can itself give rise to liability ( its seen as furnishing incomplete information, which courts have held as actionable ).\n\nContinuing to Report After Notice of Error : FCRA 1681s-2 ( a ) ( 1 ) ( B ) forbids a furnisher from reporting information after they have been notified of its inaccuracy, if it is in fact inaccurate. My disputes and provided documentation were such notice. Therefore, each month that the furnishers ( creditors ) allowed these tradelines to remain and update on my reports, they violated this section. While direct consumer enforcement of 1681s-2 ( a ) is limited ( primarily enforceable by regulators ), those violations underpin the willfulness of the 1681s-2 ( b ) and 1681i violations, strengthening my case for damages. Moreover, I reserve the right to report those furnishers to the CFPB and banking regulators for regulatory action.\n\nIn short, the FCRA has been violated on multiple counts. Your agencies have willfully reported inaccurate data and failed to correct it after disputes, and the furnishers have failed to conduct proper investigations or inform you of necessary deletions. The law provides for civil liability for willful noncompliance up to {$1000.00} in statutory damages per violation, plus actual damages and punitive damages ( 15 U.S.C. 1681n ). I have enumerated each month of false reporting as a separate violation below for damage calculation purposes.\n\n2.4 Violations of Minnesota Law and Federal Regulations Your conduct also implicates state law and other federal rules : Minnesota Statutes Chapter 47 : Minnesota law ( Chapter 47, Financial Corporations ) reflects a strong policy against false reporting by financial entities. For example, Minn. Stat. 47.26 makes it a felony for any officer or agent of a corporation to willfully violate the law and continue such violation for over 10 days. Reporting patently false credit information about a Minnesota consumer and stubbornly refusing to correct it after repeated notice ( for months on end ), could be construed as the type of willful, continued violation that the state considers criminal. Whether or not a prosecutor pursues such charges, this statute underscores the seriousness of your misconduct.\n\nAdditionally, to the extent the furnishers are financial institutions, providing false information to credit bureaus may violate Minnesotas banking laws ( Chapter XXXX ) and could invite action from the Minnesota Department XXXX XXXX. I will be forwarding a complaint to state authorities to review whether your actions constitute any breach of Minnesota law or regulations ( including but not limited to any unfair or deceptive practice statutes or regulations on reporting obligations ).\n\n12 C.F.R. CFPB Regulations ( Regulation V ) and OCC/FDIC Guidelines : Federal regulations require robust accuracy and integrity policies. The CFPBs Regulation V ( 12 C.F.R. 1022.42 and Appendix E ) obligates furnishers to establish internal controls to ensure the accuracy and integrity of furnished information. The continued reporting of these discharged debts indicates a failure of those controls. It suggests that either the furnishers did not properly update the status to the CRAs, or the CRAs ignored or mishandled the updates. Either way, regulatory guidelines were broken. Moreover, banking regulators ( OCC, FDIC, Federal Reserve ) have issued guidelines ( e.g. the Uniform Retail Credit Classification Policy ) requiring timely charge-off of delinquent debts ( generally at 180 days past due ) and cessation of accruing interest, etc. If after charge-off a bank chooses to cancel the debt ( often to claim a tax benefit or comply with XXXX rules ), that information must be accurately reflected. By failing to note the true status ( canceled ) on credit reports, the furnishers ( and you as their conduit ) are effectively publishing a false account of the banks own credit loss ( making it look as if the bank could still collect money which it has legally discharged ). This could even raise issues with 12 C.F.R. 621.5 ( for institutions governed by the XXXX XXXX XXXX ) which requires writing off uncollectible loans, or other agency-specific rules, by creating a discrepancy between the banks books and consumer credit reports.\n\n31 C.F.R. Treasury Regulations : Title 31 of the Code of Federal Regulations contains the Federal Claims Collection Standards and other rules regarding debt collection. When a debt is conclusively deemed uncollectible ( as is the case with these accounts ), federal policy ( e.g. 31 C.F.R. 285 and 903 under the Debt Collection Improvement Act standards ) is to stop active collection and update records accordingly. In spirit, continuing to report a canceled debt as if owed is contrary to these federal standards. It also potentially mischaracterizes the debts legal status, which could be seen as an unfair collection practice if done to pressure payment on a nonexistent obligation. \nIn summary, your actions are not only violating the FCRA but also undermine state law protections and regulatory frameworks designed to ensure truthful credit reporting and financial transparency. I will not hesitate to invoke all relevant laws in a court of law to hold you accountable. \nXXXX Federal Securities Law Considerations ( Exchange Act of XXXX ) XXXX, XXXX, and Experian ( through its parent company ) are publicly traded companies subject to the Securities Exchange Act of 1934. This means you file annual reports ( Form 10-K ) and other disclosures with the Securities and Exchange Commission ( SEC ) , and you are required to disclose material legal proceedings and risks. By engaging in systemic FCRA violations and accruing significant potential liabilities to consumers like myself, you XXXX also be violating SEC disclosure requirements if you fail to adequately disclose these issues to your shareholders. \nNotably, in Equifaxs most recent Form 10-K, the company acknowledged that the number of consumer lawsuits alleging FCRA violations have increased substantially over the past several years. This indicates that these bureaus are aware of widespread non-compliance problems. TransUnions filings likewise disclosed that the CFPB issued a NORA ( Notice and Opportunity to Respond and Advise ) letter alleging TransUnion violated FCRA dispute investigation requirements.\n\nSuch an allegation from the CFPB is serious ; if TransUnion ( or any bureau ) fails to correct known FCRA issues, it could lead to enforcement action or large fines clearly material information for investors.\n\nIf you continue to willfully flout the FCRA ( as in my case ) and do not disclose the scope of this non-compliance in your SEC filings, you could be engaging in securities fraud by omission. Rule 10b-5 under the 1934 Act prohibits making any untrue statement of a material fact or omitting to state a material fact necessary to make statements not misleading. By now, it is clear that your business faces material risks due to the way you handle consumer disputes and credit reporting accuracy ( the multitude of lawsuits and CFPB inquiries is evidence of that ). Should litigation arise from my case or others like it, or should regulatory fines hit, your investors would rightfully say : why wasnt this fully disclosed?\n\nI put this in my demand letter to underscore that your legal troubles do not exist in a vacuum they affect your duties to regulators beyond the CFPB. I fully intend to submit copies of my complaints and any eventual lawsuit to the SECs enforcement division, so they can evaluate whether you have properly disclosed the legal and compliance risks related to your credit reporting practices. Equifaxs 10-K even warns that the CFPB can seek penalties of up to {>= $1,000,000} per day for knowing violations of consumer finance laws. Consider this letter as notice that your FCRA violations are knowing and willful if you choose to ignore this and not remediate, any resulting penalties ( at potentially {$1.00} million per day per violation ) will be on your heads and will certainly interest your investors and the SEC.\n\nBottom line : It is in your own corporate and shareholder interest, as well as your legal obligation, to delete the inaccurate information immediately. Continuing to report false data not only harms me, but exposes you to mounting liability and regulatory risk, which you can avoid ( or limit ) by doing what the law requires correcting the information now.\n\n3. Inaccurate Accounts and Damage Calculations Below is a breakdown of each inaccurate account that remains on my credit reports, the period of wrongful reporting, and the statutory damages I will seek if this matter proceeds to litigation. Each month that an account was reported with false information after it should have been removed is counted as a separate FCRA violation ( 15 U.S.C. 1681n provides up to {$1000.00} per violation for willful noncompliance ). I will also seek punitive damages and attorneys fees as allowed. The damages calculation here is an estimate of FCRA statutory damages alone, which will be adjusted as necessary.\n\n3.1 Experian Accounts to Delete and Liability The following accounts on my Experian credit file are inaccurately reported and must be deleted. Experian failed to remove these even after disputes, in violation of the FCRA. \nCreditor ( Account ) Account XXXX. Status on Experian Inaccuracy Period Months of Violation Damages ( XXXX XXXX XXXX ) XXXX XXXX ( XXXX Bank ) Credit Card # XXXX Charged-Off, {$5600.00} balance ( should be {$0.00} debt canceled ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off with balance ) 17 months {$17000.00} XXXX XXXX  ( Chase ) Credit Card # XXXX Charged-Off, {$6100.00} balance, {$4000.00} past due ( debt canceled; balance should be {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off/collection ) 14 months {$14000.00} XXXX Bank Credit Card # XXXX Charged-Off, {$2300.00} balance ( debt canceled XXXX XXXX XXXX XXXX show {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off with balance ) 14 months {$14000.00} XXXX XXXX XXXX XXXX Auto Loan # XXXX ( Opened XX/XX/XXXX ) Charged-Off Auto Loan, ~ {$40000.00} balance ( XXXX XXXX XXXX XXXX XXXX XXXX set-off should show paid as agreed or {$0.00} ) file- XX/XX/XXXX XX/XX/XXXX ( reported monthly as charge-off ) 13 months {$13000.00} Santander/Chrysler Capital Auto Lease # XXXX Charged-Off, {$3800.00} past due ( lease contract terminated, balance not owed ) file- XX/XX/XXXX XX/XX/XXXX ( reported as charge-off XXXX 3 months {$3000.00} XXXX XXXX XXXX XXXX Personal Loan # XXXX ( Opened XX/XX/XXXX ) Open, {$21000.00} balance, {$4200.00} past due ( inaccurate debt was subject to UCC lien, should not be reporting as past XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX ( reported XXXX days late continuously ) 6 months {$6000.00} Experian Total Statutory Damages : {$68000.00} for XXXX violation-months XXXX XXXX punitive damages for willful conduct. \nNotes : Each listed account should have been deleted entirely. For example, the XXXX XXXX debt was canceled in XXXX, yet Experian continued to report it as a charge-off every month into XXXX. The XXXX XXXX accounts were subject to my XXXX agreement filings in XXXX, yet Experian did not remove them and even updated them as recently as XX/XX/XXXX, showing substantial delinquency. This demonstrates willfulness Experian had notice but chose to let the damaging, false information persist. \nXXXX XXXX Accounts to Delete and Liability The following accounts remain on my XXXX credit report with similar inaccuracies ( it is expected TransUnions data mirrors Experians, as the furnishers provided the same false information to all bureaus ). XXXX has likewise failed to delete these entries after my disputes. \n( If account details differ slightly on XXXX, they will be identified by the creditor and account number. The same rationale from XXXX table applies. ) Creditor ( Account ) Account XXXX. Status on XXXX Inaccuracy Period Months Damages ( @ $ XXXX ) XXXX XXXX ( XXXX Bank ) # XXXX Charged-Off, balance {$5600.00} ( debt canceled ) XX/XX/XXXX Feb 2025 17 {$17000.00} XXXX Card ( Chase ) # XXXX Charged-Off, balance {$6100.00} ( debt canceled ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXX Bank # XXXX Charged-Off, balance {$2300.00} ( debt canceled ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXX Federal XXXX Auto Loan # XXXX Charged-Off XXXX XXXX XXXX XXXX XXXX balance ( debt set-off ) XX/XX/XXXX Feb 2025 13 {$13000.00} Santander/Chrysler Cap Lease # XXXX Charged-Off Lease, ~ $ XXXX past XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX {$3000.00} XXXX Federal XXXX Pers. Loan # XXXX Open, {$4200.00} past due ( should be {$0.00} ) XX/XX/XXXX XX/XX/XXXX XXXX {$6000.00} XXXX XXXX XXXX XXXX : {$67000.00} ( estimated ). \nNotes : XXXX was included in the same disputes and received the same evidence. It is equally liable for each month it continued reporting these accounts. Notably, TransUnions own records should reflect my disputes ( including any CFPB complaint I filed ). Its failure to correct or even mark the accounts as disputed demonstrates a reckless disregard of its duties. \nXXXX XXXX Accounts to Delete and XXXX The XXXX credit report also contains these erroneous accounts. XXXX liability is calculated similarly : XXXX ( Account ) Account XXXX. Status on XXXX Inaccuracy Period Months Damages ( @ $ XXXX ) XXXX XXXX ( XXXX XXXX  ) # XXXX Charged Off, {$5600.00} balance ( canceled debt ) XX/XX/XXXX Feb 2025 17 {$17000.00} XXXX XXXX  ( Chase ) # XXXX Charged Off, {$6100.00} balance ( canceled debt ) XX/XX/XXXXXXXX XXXX XXXX XXXX {$14000.00} XXXX XXXX  # XXXX Charged Off, {$2300.00} balance ( canceled debt ) XX/XX/XXXX Feb 2025 14 {$14000.00} XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX Charged-Off Auto, ~ $ XXXX balance ( set-off ) XX/XX/XXXXXXXX XXXX XXXX XXXX  {$13000.00} XXXX XXXX Lease # XXXX Charged-Off XXXX XXXX XXXX XXXX XXXX past due ( not owed ) XX/XX/XXXX XX/XX/XXXX XXXX {$3000.00} XXXX XXXX XXXX XXXX XXXX XXXX  XXXX Open, past due {$4200.00} ( inaccurate, not owed ) XX/XX/XXXX XX/XX/XXXX XXXX {$6000.00} XXXX XXXX XXXX XXXX : {$67000.00} ( estimated ). \nNotes : XXXX has historically had issues with credit report accuracy ( as its risk disclosures concede and it appears the same pattern occurred here. All three bureaus are expected to coordinate deletion once one confirms an error, yet in my case none took proper action thus all three face parallel liability. \nXXXX XXXX ( All Bureaus ) : {$200000.00} in preliminary statutory damages ( Experian $ XXXX + XXXX $ XXXX + XXXX $ XXXX ), plus any actual damages to my credit and emotional distress ( to be determined ) and punitive damages for willful FCRA violations. These figures far exceed the threshold for federal litigation, and I will seek the maximum allowed, including possibly class-action remedies if applicable ( noting that the patterns here XXXX affect many consumers ). \nI highlight these amounts to make clear that ignoring my rightful demands could prove extremely costly to your companies. And these are per consumer ; regulators can and do seek even higher penalties ( as noted, CFPB can fine up to {$1.00} XXXX per day per violation, which could theoretically dwarf my private claim ). This is entirely avoidable if you simply do what the law requires now. \n\n\n\n\n\n\nDemand for Immediate Action I hereby demand the following relief from each Credit Bureau, to be completed within XXXX calendar days of receipt of this letter : XXXX. Permanent Deletion of Listed Accounts : Remove in their entirety the above-referenced accounts from my credit file. This means deleting the trade line, not just changing the status to paid or disputed. The only acceptable outcome under law is deletion, given the circumstances ( 15 U.S.C. 1681i ( a ) ( 5 ) ( A ) ). No reinsertion is permitted unless verified by new certified information, and you must notify me if any reinsertion is attemp\n\nted ( 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ). However, since the facts show these accounts are not verifiable and not owed, they should not ever be reinserted.\n\n2. Written Confirmation : Provide written confirmation on your company letterhead that each disputed account has been deleted due to inaccuracies. Pursuant to 15 U.S.C. 1681i ( a ) ( 6 ) and ( 8 ), you must send me notice of the results of my dispute and a copy of my revised credit report showing the deletions within 5 business days. I expect this confirmation by email and mail given the urgency.\n\n3. Cease Reporting to Others : Ensure that these accounts are deleted across all your reporting and no longer provided to any third parties. Additionally, notify any other consumer reporting agency to which you furnish data ( if any, such as secondary bureaus or resellers ) of the deletions, as required by law ( furnishers must update all CRAs, and CRAs should communicate results under 1681i ( a ) ( 5 ) ( D ) ). This includes updating any data you have shared with insurance scoring companies, tenant screening, or employment screening companies that might have obtained my report with these erroneous entries. \nXXXX. Damages and Compensation ( Reservation ) : While deletion is necessary, I also demand that you preserve all records related to these accounts and my disputes, as I am evaluating further legal action for the harm already caused. My XXXX XXXX and opportunities have suffered due to your reporting of false delinquencies ( for instance, I have been denied credit and faced higher interest rates, which are provable actual damages ). I XXXX seek monetary compensation in addition to the statutory damages outlined if we proceed to court. This letter is not an offer to settle my damages claim ; it is a demand for compliance. If you wish to discuss a broader settlement ( including monetary relief to avoid a lawsuit ), you XXXX contact me in writing with an offer after you have deleted the accounts and provided proof. \nXXXX. Refrain from Retaliation or Secondary Reporting : Do not, under any circumstances, reinsert these items or replace them with any coded notation that could indirectly harm my credit ( such as labeling them as consumer disagrees or some obscure code ). The only correct action is a clean deletion. Also, do not sell or transfer information about these disputed debts to any third-party debt XXXX or data aggregators if any such activity is detected, it will be met with additional legal action for breach of the FCRA and XXXX the FDCPA if applicable. \nResponse Deadline 5 Days : XXXX is of the essence. You have XXXX calendar days from receipt of this notice to complete the deletions and confirm in writing. This timeline is reasonable and in fact slightly more lenient than FCRAs own dispute timeline in cases where the information is obviously wrong or unverifiable. Given that you have had months of prior notice through my disputes, and that I have now provided a detailed legal rationale, you should need no additional time to investigate. Any delay beyond 5 days will be considered further willful non-compliance. If by the end of the XXXX day I do not have written confirmation of deletion from each of you, I will proceed with the following without further notice : File a lawsuit against each of you for violations of the FCRA ( and any other applicable laws, such as defamation and Minnesota state law ). I will seek the full $ XXXX in damages itemized above, plus attorneys fees and punitive damages. \nI will also seek injunctive relief as appropriate. Be advised that courts have awarded significant punitive damages in cases of willful FCRA violations where agencies ignored multiple dispute notices. Your conduct here is egregious and meets the standard for willfulness ( especially after this letter puts you on clear notice ). Each bureau will be sued in federal court ( with venue in my district ). \nFile regulatory complaints : I will file formal complaints with the Consumer Financial Protection Bureau, the Federal Trade Commission, my states Attorney General, the Minnesota Department of Commerce, and any other relevant oversight body. These complaints XXXX","date_sent_to_company":"2025-04-07T18:58:03.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"55112","tags":null,"has_narrative":true,"complaint_id":"12858035","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-04-07T18:45:23.000Z","state":"MN","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":["A canceled debt is no longer an enforceable obligation, and continuing to report it as owed is false. ( Indeed, IRS Pub. 4681 notes that a taxpayer may not have to include canceled debt in income under <em>certain</em> conditions underscoring that the debt is <em>treated</em> as extinguished. ) UCC Public Filings : I have filed and perfected UCC-1 Financing Statements ( Delaware Filing XXXX XXXX ; Minnesota Filing XXXX XXXX ) accompanied by executed security agreements."]},"sort":[3.8230395,"12858035"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":22,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":22}]}},"product":{"doc_count":22,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":14,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":13},{"key":"Other personal consumer report","doc_count":1}]}},{"key":"Credit reporting, credit 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