{"took":158,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":8,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"8308091","_score":9.280443,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX continues to report an alleged bankruptcy. I have asked for verification from XXXX that grants them permission to report this information about me. This is my consumer report and the information must be verified by me. XXXX sells consumer information for profit to various companies including the credit bureaus but the law that governs these companies say you need my permission to report this information. You do not have my permission and you do not have my permission to sell my information to anyone. Stop stalling by asking for my ID and SSC when I attach them to the complaint. Delete this bankruptcy. \n\n( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.\n\n( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).\n\n( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( a ) Information on file ; sources ; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( 1 ) of this title, clearly and accurately disclose to the consumer : ( 1 ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.\n\n( 2 ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed : Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.\n\n( 3 ) ( A ) Identification of each person ( including each end-user identified under section 1681e ( e ) ( 1 ) of this title ) that procured a consumer report ( i ) for employment purposes, during the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the 1-year period preceding the date on which the request is made.\n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person.\n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 1681b ( b ) ( 4 ) ( A ) of this title.\n\n( 4 ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( 6 ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score.\n\n( b ) Exempt information The requirements of subsection ( a ) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this subchapter except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.\n\n( c ) Summary of rights to obtain and dispute information in consumer reports and to obtain credit scores ( 1 ) Commission [ 2 ] summary of rights required ( A ) In general The Commission2 shall prepare a model summary of the rights of consumers under this subchapter.\n\n( B ) Content of summary The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 1681j of this title ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) 1 of the Fair and Accurate Credit Transactions Act of 2003 ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 1681a ( w ) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j ( a ) ( 1 ) ( C ) of this title.\n\n( C ) Availability of summary of rights The Commission2 shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( 2 ) Summary of rights required to be included with agency disclosures A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( 1 ) ; ( B ) in the case of a consumer reporting agency described in section 1681a ( p ) of this title, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this subchapter, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 1681c of this title or can not be verified.\n\n( d ) Summary of rights of identity theft victims ( 1 ) In general The Commission,2 in consultation with the Federal banking agencies and the National Credit Union Administration , shall prepare a model summary of the rights of consumers under this subchapter with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( 2 ) Summary of rights and contact information Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information available to victims ( 1 ) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( 2 ) Verification of identity and claim Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an [ 3 ] affidavit of fact that is acceptable to the business entity for that purpose.\n\n( 3 ) Procedures The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( 4 ) No charge to victim Information required to be provided under paragraph ( 1 ) shall be so provided without charge.\n\n( 5 ) Authority to decline to provide information A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service.\n\n( 6 ) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.\n\n( 7 ) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( 8 ) No new recordkeeping obligation Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( 9 ) Rule of construction ( A ) In general No provision of subtitle A of title V of Public Law 106102 [ 15 U.S.C. 6801 et seq. ], prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( 10 ) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( 11 ) Definition of victim For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date This subsection shall become effective 180 days after XX/XX/year>. \n\n( 13 ) Effectiveness study Not later than 18 months after XX/XX/year>, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of credit scores ( 1 ) In general Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( 9 ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( 2 ) Definitions For purposes of this subsection, the following definitions shall apply : ( A ) Credit score The term credit score ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a risk predictor or risk score ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) Key factors The term key factors means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( 3 ) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( 4 ) Applicability to certain uses This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( 5 ) Applicability to credit scores developed by another person ( A ) In general This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( 7 ) Compliance in certain cases In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( 8 ) Fair and reasonable fee A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection.\n\n( 9 ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of credit scores by certain mortgage lenders ( 1 ) In general Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property ( hereafter in this subsection referred to as the lender ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information required under subsection ( f ) ( i ) In general A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ) In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in case of automated underwriting system ( i ) In general If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( C ).\n\n( iii ) Enterprise defined For purposes of this subparagraph, the term enterprise has the same meaning as in paragraph ( 6 ) of section 4502 of title 12.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( D ) Notice to home loan applicants A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : notice to the home loan applicant In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\nThe credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\nBecause the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\nIf you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\nIf you have questions concerning the terms of the loan, contact the lender..\n\n( E ) Actions not required under this subsection This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than 1 disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No obligation for content ( i ) In general The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency.\n\n( ii ) Limit on liability No person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the consumer reporting agency.\n\n( G ) Person defined as excluding enterprise As used in this subsection, the term person does not include an enterprise ( as defined in paragraph ( 6 ) of section 4502 of title 12 ).\n\n( 2 ) Prohibition on disclosure clauses null and void ( A ) In general Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void.\n\n( B ) No liability for disclosure under this subsection A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection.","date_sent_to_company":"2024-02-09T03:40:33.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8308091","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-02-09T03:40:28.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( 3 ) ( A ) Identification of each person ( including each end-<em>user</em> identified under section 1681e ( e ) ( 1 ) of this title ) that procured a consumer report ( i ) for employment purposes, <em>during</em> the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, <em>during</em> the 1-year period preceding the date on which the request is made."]},"sort":[9.280443,"8308091"]},{"_index":"complaint-public-v1","_id":"8308013","_score":9.280443,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis continues to report an alleged bankruptcy. I have asked for verification from LexisNexis that grants them permission to report this information about me. This is my consumer report and the information must be verified by me. LexisNexis sells consumer information for profit to various companies including the credit bureaus but the law that governs these companies say you need my permission to report this information. You do not have my permission and you do not have my permission to sell my information to anyone. Stop stalling by asking for my ID and SSC when I attach them to the complaint. Delete this bankruptcy. \n\n( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.\n\n( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( XXXX  ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( XXXX  ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( XXXX  ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( XXXX  ) that is substantially similar to the Bureau prescription under this paragraph.\n\n( e ) Procurement of consumer report for resale ( XXXX  ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( XXXX ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).\n\n( XXXX ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( XXXX ) or ( XXXX ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( XXXX ) or ( XXXX  ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( XXXX  ) ( E ) ( i ) [ XXXX ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( a ) Information on file ; sources ; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( XXXX ) of this title, clearly and accurately disclose to the consumer : ( XXXX  ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.\n\n( XXXX ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed : Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.\n\n( XXXX ) ( A ) Identification of each person ( including each end-user identified under section 1681e ( e ) ( XXXX ) of this title ) that procured a consumer report ( i ) for employment purposes, during the XXXX period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the XXXX period preceding the date on which the request is made. \n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person. \n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ XXXX ] of this title ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 1681b ( b ) XXXX XXXX ) ( A ) of this title.\n\n( XXXX  ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the XXXX period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( XXXX ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score. \n\n( b ) Exempt information The requirements of subsection ( a ) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this subchapter except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date. \n\n( c ) Summary of rights to obtain and dispute information in consumer reports and to obtain credit scores ( XXXX  ) Commission [ XXXX ] summary of rights required ( A ) In general The Commission2 shall prepare a model summary of the rights of consumers under this subchapter.\n\n( B ) Content of summary The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 1681j of this title ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) XXXX of the Fair and Accurate Credit Transactions Act of XXXX  ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 1681a ( w ) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j ( a ) ( 1 ) ( C ) of this title.\n\n( C ) Availability of summary of rights The Commission2 shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( XXXX ) Summary of rights required to be included with agency disclosures A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( XXXX  ) ; ( B ) in the case of a consumer reporting agency described in section 1681a ( p ) of this title, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this subchapter, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 1681c of this title or can not be verified.\n\n( d ) Summary of rights of identity theft victims ( XXXX ) In general The Commission,2 in consultation with the Federal banking agencies and the National Credit Union Administration , shall prepare a model summary of the rights of consumers under this subchapter with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( XXXX ) Summary of rights and contact information Beginning XXXX XXXX after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( XXXX  ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( XXXX ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information available to victims ( XXXX ) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than XXXX  days after the date of receipt of a request from a victim in accordance with paragraph ( XXXX ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( XXXX ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( XXXX ) Verification of identity and claim Before a business entity provides any information under paragraph ( XXXX  ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( XXXX  ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an [ XXXX ] affidavit of fact that is acceptable to the business entity for that purpose.\n\n( XXXX  ) Procedures The request of a victim under paragraph ( XXXX ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( XXXX  ) No charge to victim Information required to be provided under paragraph ( XXXX ) shall be so provided without charge.\n\n( XXXX ) Authority to decline to provide information A business entity may decline to provide information under paragraph ( XXXX  ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( XXXX ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service.\n\n( XXXX ) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.\n\n( XXXX ) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( XXXX ) No new recordkeeping obligation Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( XXXX ) Rule of construction ( A ) In general No provision of subtitle A of title V of Public Law 106102 [ 15 U.S.C. 6801 et seq. ], prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( XXXX ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( XXXX  ) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( XXXX  ) Definition of victim For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date This subsection shall become effective XXXX XXXX after XXXX XXXX XXXX.\n\n( XXXX  ) Effectiveness study Not later than XXXX XXXX after XXXX XXXX XXXX the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of credit scores ( XXXX  ) In general Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( XXXX  ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( XXXX  ) Definitions For purposes of this subsection, the following definitions shall apply : ( A ) Credit score The term credit score ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a risk predictor or risk score ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) Key factors The term key factors means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( XXXX  ) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( XXXX  ) Applicability to certain uses This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( XXXX  ) Applicability to credit scores developed by another person ( A ) In general This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( XXXX  ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( XXXX ) Compliance in certain cases In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( XXXX  ) Fair and reasonable fee A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection.\n\n( XXXX ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( XXXX ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of credit scores by certain mortgage lenders ( XXXX ) In general Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by XXXX XXXX XXXX units of residential real property ( hereafter in this subsection referred to as the lender ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information required under subsection ( f ) ( i ) In general A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ) In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in case of automated underwriting system ( i ) In general If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( C ).\n\n( iii ) Enterprise defined For purposes of this subparagraph, the term enterprise has the same meaning as in paragraph ( XXXX ) of section XXXX  of title XXXX.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency. \n\n( D ) Notice to home loan applicants A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : notice to the home loan applicant In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\nThe credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\nBecause the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\nIf you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\nIf you have questions concerning the terms of the loan, contact the lender..\n\n( E ) Actions not required under this subsection This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than XXXX disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No obligation for content ( i ) In general The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency.\n\n( ii ) Limit on liability No person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the consumer reporting agency.\n\n( G ) Person defined as excluding enterprise As used in this subsection, the term person does not include an enterprise ( as defined in paragraph ( XXXX ) of section XXXX  of title XXXX  ).\n\n( XXXX  ) Prohibition on disclosure clauses null and void ( A ) In general Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void.\n\n( B ) No liability for disclosure under this subsection A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection.","date_sent_to_company":"2024-02-09T03:40:18.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8308013","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-09T03:14:08.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( XXXX ) ( A ) Identification of each person ( including each end-<em>user</em> identified under section 1681e ( e ) ( XXXX ) of this title ) that procured a consumer report ( i ) for employment purposes, <em>during</em> the XXXX period preceding the date on which the request is made ; or ( ii ) for any other purpose, <em>during</em> the XXXX period preceding the date on which the request is made."]},"sort":[9.280443,"8308013"]},{"_index":"complaint-public-v1","_id":"8307946","_score":9.261853,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX continues to report an alleged bankruptcy. I have asked for verification from XXXX that grants them permission to report this information about me. This is my consumer report and the information must be verified by me. XXXX sells consumer information for profit to various companies including the credit bureaus but the law that governs these companies say you need my permission to report this information. You do not have my permission and you do not have my permission to sell my information to anyone. Stop stalling by asking for my ID and SSC when I attach them to the complaint. Delete this bankruptcy. \n\n( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.\n\n( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).\n\n( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( a ) Information on file ; sources ; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( 1 ) of this title, clearly and accurately disclose to the consumer : ( 1 ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.\n\n( 2 ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed : Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.\n\n( 3 ) ( A ) Identification of each person ( including each end-user identified under section 1681e ( e ) ( 1 ) of this title ) that procured a consumer report ( i ) for employment purposes, during the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the 1-year period preceding the date on which the request is made.\n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person.\n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 1681b ( b ) ( 4 ) ( A ) of this title.\n\n( 4 ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( 6 ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score.\n\n( b ) Exempt information The requirements of subsection ( a ) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this subchapter except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.\n\n( c ) Summary of rights to obtain and dispute information in consumer reports and to obtain credit scores ( 1 ) Commission [ 2 ] summary of rights required ( A ) In general The Commission2 shall prepare a model summary of the rights of consumers under this subchapter.\n\n( B ) Content of summary The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 1681j of this title ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) 1 of the Fair and Accurate Credit Transactions Act of 2003 ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 1681a ( w ) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j ( a ) ( 1 ) ( C ) of this title.\n\n( C ) Availability of summary of rights The Commission2 shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( 2 ) Summary of rights required to be included with agency disclosures A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( 1 ) ; ( B ) in the case of a consumer reporting agency described in section 1681a ( p ) of this title, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this subchapter, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 1681c of this title or can not be verified.\n\n( d ) Summary of rights of identity theft victims ( 1 ) In general The Commission,2 in consultation with the Federal banking agencies and the National Credit Union Administration , shall prepare a model summary of the rights of consumers under this subchapter with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( 2 ) Summary of rights and contact information Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information available to victims ( 1 ) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( 2 ) Verification of identity and claim Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an [ 3 ] affidavit of fact that is acceptable to the business entity for that purpose.\n\n( 3 ) Procedures The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( 4 ) No charge to victim Information required to be provided under paragraph ( 1 ) shall be so provided without charge.\n\n( 5 ) Authority to decline to provide information A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service.\n\n( 6 ) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.\n\n( 7 ) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( 8 ) No new recordkeeping obligation Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( 9 ) Rule of construction ( A ) In general No provision of subtitle A of title V of Public Law 106102 [ 15 U.S.C. 6801 et seq. ], prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( 10 ) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( 11 ) Definition of victim For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date This subsection shall become effective 180 days after XX/XX/2003. \n\n( XXXX ) Effectiveness study Not later than 18 months after XX/XX/2003, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of credit scores ( 1 ) In general Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( 9 ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( 2 ) Definitions For purposes of this subsection, the following definitions shall apply : ( A ) Credit score The term credit score ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a risk predictor or risk score ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) Key factors The term key factors means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( 3 ) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( 4 ) Applicability to certain uses This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( 5 ) Applicability to credit scores developed by another person ( A ) In general This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( 7 ) Compliance in certain cases In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( 8 ) Fair and reasonable fee A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection.\n\n( 9 ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of credit scores by certain mortgage lenders ( 1 ) In general Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property ( hereafter in this subsection referred to as the lender ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information required under subsection ( f ) ( i ) In general A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ) In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in case of automated underwriting system ( i ) In general If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( C ).\n\n( iii ) Enterprise defined For purposes of this subparagraph, the term enterprise has the same meaning as in paragraph ( 6 ) of section 4502 of title 12.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( D ) Notice to home loan applicants A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : notice to the home loan applicant In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\nThe credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\nBecause the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\nIf you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\nIf you have questions concerning the terms of the loan, contact the lender..\n\n( E ) Actions not required under this subsection This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than 1 disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No obligation for content ( i ) In general The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency.\n\n( ii ) Limit on liability No person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the consumer reporting agency.\n\n( G ) Person defined as excluding enterprise As used in this subsection, the term person does not include an enterprise ( as defined in paragraph ( 6 ) of section 4502 of title 12 ).\n\n( 2 ) Prohibition on disclosure clauses null and void ( A ) In general Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void.\n\n( B ) No liability for disclosure under this subsection A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection.","date_sent_to_company":"2024-02-09T03:40:33.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8307946","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-09T03:40:28.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( 3 ) ( A ) Identification of each person ( including each end-<em>user</em> identified under section 1681e ( e ) ( 1 ) of this title ) that procured a consumer report ( i ) for employment purposes, <em>during</em> the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, <em>during</em> the 1-year period preceding the date on which the request is made."]},"sort":[9.261853,"8307946"]},{"_index":"complaint-public-v1","_id":"10880867","_score":7.459047,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"TransUnion is obligated by the FCRA to report accurate accounting. consumer has advised ALL the inquiries reported was fraud. said company had 4 days BY LAW to remove such items. FTC fraud report was filed on behalf of consumer, consumer is now REQUESTING TransUnion to provide the documentation used to determine inquiry was indeed authorized by the consumer, TransUnion has 15 days to provide me with the name of the person spoken to, documentation used, signed application with the consumer WET INK signature. consumer is not asking for either CREDIT REPORT or e-oscar report. if TransUnion does not have documentation to show these were in FACT authorized, it must be removed ASAP. Said company is liable under the SEC to follow certain rules. TRANSUNION Commission file number XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX NY XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, NY XXXX i will be filing XXXX treasury omb forms to audit consumers account. TRANSUNION is securitizing consumer DATA yet Refuses to provide consumer with a copy of their CONSUMER FILE and pretends to not have any knowledge to what a CONSUMER FILE IS. consumer is not asking for CONSUMER REPORT. consumer is asking for CONSUMER FILE as stated several times in this report. \n15 U.S. Code 1681g - Disclosures to consumers ( a ) Information on file ; sources ; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( 1 ) of this title, clearly and accurately disclose to the consumer : ( 1 ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure ; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.\n\n( 2 ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed : Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.\n\n( 3 ) ( A ) Identification of each person ( including each end-user identified under section 1681e ( e ) ( 1 ) of this title ) that procured a consumer report ( i ) for employment purposes, during the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the 1-year period preceding the date on which the request is made.\n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person.\n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 1681b ( b ) ( 4 ) ( A ) of this title.\n\n( 4 ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( 6 ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score.\n\n( b ) Exempt information The requirements of subsection ( a ) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this subchapter except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.\n\n( c ) Summary of rights to obtain and dispute information in consumer reports and to obtain credit scores ( 1 ) Commission [ 2 ] summary of rights required ( A ) In general The Commission2 shall prepare a model summary of the rights of consumers under this subchapter.\n\n( B ) Content of summary The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 1681j of this title ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) 1 of the Fair and Accurate Credit Transactions Act of 2003 ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 1681a ( w ) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j ( a ) ( 1 ) ( C ) of this title.\n\n( C ) Availability of summary of rights The Commission2 shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( 2 ) Summary of rights required to be included with agency disclosures A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( 1 ) ; ( B ) in the case of a consumer reporting agency described in section 1681a ( p ) of this title, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this subchapter, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 1681c of this title or can not be verified.\n\n( d ) Summary of rights of identity theft victims ( 1 ) In general The Commission,2 in consultation with the Federal banking agencies and the National Credit Union Administration , shall prepare a model summary of the rights of consumers under this subchapter with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( 2 ) Summary of rights and contact information Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information available to victims ( 1 ) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( 2 ) Verification of identity and claim Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an [ 3 ] affidavit of fact that is acceptable to the business entity for that purpose.\n\n( 3 ) Procedures The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( 4 ) No charge to victim Information required to be provided under paragraph ( 1 ) shall be so provided without charge.\n\n( 5 ) Authority to decline to provide information A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service.\n\n( 6 ) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.\n\n( 7 ) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( 8 ) No new recordkeeping obligation Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( 9 ) Rule of construction ( A ) In general No provision of subtitle A of title V of Public Law 106102 [ 15 U.S.C. 6801 et seq. ], prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( 10 ) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( 11 ) Definition of victim For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date This subsection shall become effective 180 days after XX/XX/year>. \n( XXXX ) Effectiveness study Not later than 18 months after XX/XX/year>, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of credit scores ( 1 ) In general Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( 9 ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( 2 ) Definitions For purposes of this subsection, the following definitions shall apply : ( A ) Credit score The term credit score ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a risk predictor or risk score ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) Key factors The term key factors means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( 3 ) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( 4 ) Applicability to certain uses This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( 5 ) Applicability to credit scores developed by another person ( A ) In general This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( 7 ) Compliance in certain cases In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( 8 ) Fair and reasonable fee A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection.\n\n( 9 ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of credit scores by certain mortgage lenders ( 1 ) In general Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property ( hereafter in this subsection referred to as the lender ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information required under subsection ( f ) ( i ) In general A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ) In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in case of automated underwriting system ( i ) In general If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( C ).\n\n( iii ) Enterprise defined For purposes of this subparagraph, the term enterprise has the same meaning as in paragraph ( 6 ) of section 4502 of title 12.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency ( D ) Notice to home loan applicants A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : notice to the home loan applicant In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\nThe credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\nBecause the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\nIf you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\nIf you have questions concerning the terms of the loan, contact the lender..\n\n( E ) Actions not required under this subsection This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than 1 disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No obligation for content ( i ) In general The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency.\n\n( ii ) Limit on liability No person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the consumer reporting agency.\n\n( G ) Person defined as excluding enterprise As used in this subsection, the term person does not include an enterprise ( as defined in paragraph ( 6 ) of section 4502 of title 12 ).\n\n( 2 ) Prohibition on disclosure clauses null and void ( A ) In general Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void.\n\n( B ) No liability for disclosure under this subsection A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection.","date_sent_to_company":"2024-11-21T22:11:09.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"34743","tags":null,"has_narrative":true,"complaint_id":"10880867","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-11-21T21:08:39.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 3 ) ( A ) Identification of each person ( including each end-<em>user</em> identified under section 1681e ( e ) ( 1 ) of this title ) that procured a consumer report ( i ) for employment purposes, <em>during</em> the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, <em>during</em> the 1-year period preceding the date on which the request is made."]},"sort":[7.459047,"10880867"]},{"_index":"complaint-public-v1","_id":"4459792","_score":7.4394135,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I recently took a look at my credit profile with XXXX, Equifax, & XXXX and discovered accounts that are not mines and were fraudulent. I have the following accounts that need to be removed from my profile immediately as it is severely affecting my quality of living. \n\n1. XXXX  XXXX XXXX XXXX {$4700.00} 2. XXXX XXXX XXXX {$2500.00} 3. XXXX {$2000.00} I have tried reaching out to the bureaus and they keep telling me that there isn't much they can do. It's not fair that someone can do this and the credit bureaus seem clueless as to how to help victims. \n\nI do understand under the F.C.R.A that consumers have the right to have items removed when they are inaccurate or in my case a result of identity theft. \n\n605B. Block of information resulting from identity theft [ 15 U.S.C. 1681c-2 ] ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.\n\n( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) -- ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; and ( 4 ) of the effective dates of the block.\n\n609. Disclosures to consumers [ 15 U.S.C. 1681g ] ( a ) Information on file ; sources ; report recipients. Every consumer reporting agency shall, upon request, and subject to 610 ( a ) ( 1 ) [ 1681h ], clearly and accurately disclose to the consumer : ( 1 ) All information in the consumer 's file at the time of the request except that -- ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure ; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.\n\n( 2 ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually use for no other purpose need not be disclosed : Provided, That in the event an action is brought under this title, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.\n\n( 3 ) ( A ) Identification of each person ( including each end-user identified under section 607 ( e ) ( 1 ) [ 1681e ] ) that procured a consumer report ( i ) for employment purposes, during the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the 1-year period preceding the date on which the request is made.\n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person.\n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 604 ( b ) ( 4 ) ( E ) ( i ) ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 604 ( b ) ( 4 ) ( A ).\n\n( 4 ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( 6 ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score.\n\n( b ) Exempt information. The requirements of subsection ( a ) of this section respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this title except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.\n\n( c ) Summary of Rights to Obtain and Dispute Information in Consumer Reports and to Obtain Credit Scores ( 1 ) Bureau Summary of Rights Required ( A ) In general. The Bureau shall prepare a model summary of the rights of consumers under this title.\n\n( B ) Content of summary. The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 612 ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 611 ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) of the Fair and Accurate Credit Transactions Act of 2003 ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 603 ( w ), as provided in the regulations of the Bureau prescribed under section 612 ( a ) ( 1 ) ( C ).\n\n( C ) Availability of summary of rights. The Bureau shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( 2 ) Summary of rights required to be included with agency disclosures. A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( 1 ) ; ( B ) in the case of a consumer reporting agency described in section 603 ( p ), a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this title, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 605 or can not be verified.\n\n( d ) Summary of Rights of Identity Theft Victims ( 1 ) In general. The Bureau, in consultation with the Federal banking agencies and the National Credit Union Administration, shall prepare a model summary of the rights of consumers under this title with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( 2 ) Summary of rights and contact information. Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information Available to Victims ( 1 ) In general. For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( 2 ) Verification of identity and claim. Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victim 's request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an affidavit of fact that is acceptable to the business entity for that purpose.\n\n( 3 ) Procedures. The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( 4 ) No charge to victim. Information required to be provided under paragraph ( 1 ) shall be so provided without charge.\n\n( 5 ) Authority to decline to provide information. A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a person 's visit to a website or online service.\n\n( 6 ) Limitation on liability. Except as provided in section 621, sections 616 and 617 do not apply to any violation of this subsection.\n\n( 7 ) Limitation on civil liability. No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( 8 ) No new recordkeeping obligation. Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( 9 ) Rule of Construction ( A ) In general. No provision of subtitle A of title V of Public Law 106-102, prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation. Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( 10 ) Affirmative defense. In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records ; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( 11 ) Definition of victim. For purposes of this subsection, the term \" victim '' means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date. This subsection shall become effective 180 days after the date of enactment of this subsection.\n\n( 13 ) Effectiveness study. Not later than 18 months after the date of enactment of this subsection, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of Credit Scores ( 1 ) In general. Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used ; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( 9 ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( 2 ) Definitions. For purposes of this subsection, the following definitions shall apply : ( A ) The term \" credit score '' ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a \" risk predictor '' or \" risk score '' ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) The term \" key factors '' means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( 3 ) Timeframe and manner of disclosure. The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( 4 ) Applicability to certain uses. This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans ; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( 5 ) Applicability to credit scores developed by another person.\n\n( A ) In general. This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 611, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception. This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required. This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( 7 ) Compliance in certain cases. In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer ; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( 8 ) Fair and reasonable fee. A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection. See also 69 Fed. Reg. 64698 ( 11/08/04 ) ( 9 ) Use of enquiries as a key factor. If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of Credit Scores by Certain Mortgage Lenders ( 1 ) In general. Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property ( hereafter in this subsection referred to as the \" lender '' ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information Required under Subsection ( f ) ( i ) In general. A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ). In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in Case of Automated Underwriting System ( i ) In general. If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score. However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( c ).\n\n( iii ) Enterprise defined. For purposes of this subparagraph, the term \" enterprise '' has the same meaning as in paragraph ( 6 ) of section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency.\n\nA person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( D ) Notice to home loan applicants. A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : \" Notice To The Home Loan Applicant \" In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\n\" The credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file.\n\nThe scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\n\" Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\n\" If you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\n\" If you have questions concerning the terms of the loan, contact the lender. '' ( E ) Actions not required under this subsection. This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than 1 disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No Obligation for Content ( i ) In general. The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the c","date_sent_to_company":"2021-06-14T20:57:21.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"91767","tags":null,"has_narrative":true,"complaint_id":"4459792","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-06-14T20:57:16.000Z","state":"CA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["( 3 ) ( A ) Identification of each person ( including each end-<em>user</em> identified under section 607 ( e ) ( 1 ) [ 1681e ] ) that procured a consumer report ( i ) for employment purposes, <em>during</em> the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, <em>during</em> the 1-year period preceding the date on which the request is made."]},"sort":[7.4394135,"4459792"]},{"_index":"complaint-public-v1","_id":"4459790","_score":7.4394135,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I recently took a look at my credit profile with XXXX, XXXX, & Transunion and discovered accounts that are not mines and were fraudulent. I have the following accounts that need to be removed from my profile immediately as it is severely affecting my quality of living. \n\n1. XXXX XXXX XXXX XXXX {$4700.00} 2. XXXX XXXX XXXX {$2500.00} 3. XXXX {$2000.00} I have tried reaching out to the bureaus and they keep telling me that there isn't much they can do. It's not fair that someone can do this and the credit bureaus seem clueless as to how to help victims. \n\nI do understand under the F.C.R.A that consumers have the right to have items removed when they are inaccurate or in my case a result of identity theft. \n\n605B. Block of information resulting from identity theft [ 15 U.S.C. 1681c-2 ] ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. \n\n\n( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) -- ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; and ( 4 ) of the effective dates of the block. \n\n609. Disclosures to consumers [ 15 U.S.C. 1681g ] ( a ) Information on file ; sources ; report recipients. Every consumer reporting agency shall, upon request, and subject to 610 ( a ) ( 1 ) [ 1681h ], clearly and accurately disclose to the consumer : ( 1 ) All information in the consumer 's file at the time of the request except that -- ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure ; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer. \n\n\n\n( 2 ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually use for no other purpose need not be disclosed : Provided, That in the event an action is brought under this title, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought. \n\n\n\n( 3 ) ( A ) Identification of each person ( including each end-user identified under section 607 ( e ) ( 1 ) [ 1681e ] ) that procured a consumer report ( i ) for employment purposes, during the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the 1-year period preceding the date on which the request is made. \n\n\n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and XXXX ii ) upon request of the consumer, the address and telephone number of the person. \n\n\n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 604 ( b ) ( 4 ) ( E ) ( i ) ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 604 ( b ) ( 4 ) ( A ).\n\n( 4 ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( 6 ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score.\n\n( b ) Exempt information. The requirements of subsection ( a ) of this section respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this title except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.\n\n( c ) Summary of Rights to Obtain and Dispute Information in Consumer Reports and to Obtain Credit Scores ( 1 ) Bureau Summary of Rights Required ( A ) In general. The Bureau shall prepare a model summary of the rights of consumers under this title.\n\n( B ) Content of summary. The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 612 ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 611 ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) of the Fair and Accurate Credit Transactions Act of 2003 ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 603 ( w ), as provided in the regulations of the Bureau prescribed under section 612 ( a ) ( 1 ) ( C ).\n\n( C ) Availability of summary of rights. The Bureau shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( 2 ) Summary of rights required to be included with agency disclosures. A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( 1 ) ; ( B ) in the case of a consumer reporting agency described in section 603 ( p ), a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this title, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 605 or can not be verified.\n\n( d ) Summary of Rights of Identity Theft Victims ( 1 ) In general. The Bureau, in consultation with the Federal banking agencies and the National Credit Union Administration, shall prepare a model summary of the rights of consumers under this title with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( 2 ) Summary of rights and contact information. Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information Available to Victims ( 1 ) In general. For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( 2 ) Verification of identity and claim. Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victim 's request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an affidavit of fact that is acceptable to the business entity for that purpose.\n\n( 3 ) Procedures. The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( 4 ) No charge to victim. Information required to be provided under paragraph ( 1 ) shall be so provided without charge.\n\n( 5 ) Authority to decline to provide information. A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a person 's visit to a website or online service.\n\n( 6 ) Limitation on liability. Except as provided in section 621, sections 616 and 617 do not apply to any violation of this subsection.\n\n( 7 ) Limitation on civil liability. No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( 8 ) No new recordkeeping obligation. Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( 9 ) Rule of Construction ( A ) In general. No provision of subtitle A of title V of Public Law 106-102, prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation. Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( 10 ) Affirmative defense. In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records ; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( 11 ) Definition of victim. For purposes of this subsection, the term \" victim '' means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date. This subsection shall become effective 180 days after the date of enactment of this subsection.\n\n( 13 ) Effectiveness study. Not later than 18 months after the date of enactment of this subsection, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of Credit Scores ( 1 ) In general. Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used ; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( 9 ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( 2 ) Definitions. For purposes of this subsection, the following definitions shall apply : ( A ) The term \" credit score '' ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a \" risk predictor '' or \" risk score '' ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) The term \" key factors '' means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( 3 ) Timeframe and manner of disclosure. The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( 4 ) Applicability to certain uses. This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans ; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( 5 ) Applicability to credit scores developed by another person.\n\n( A ) In general. This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 611, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception. This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required. This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( 7 ) Compliance in certain cases. In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer ; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( 8 ) Fair and reasonable fee. A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection. See also 69 Fed. Reg. 64698 ( 11/08/04 ) ( 9 ) Use of enquiries as a key factor. If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of Credit Scores by Certain Mortgage Lenders ( 1 ) In general. Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property ( hereafter in this subsection referred to as the \" lender '' ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information Required under Subsection ( f ) ( i ) In general. A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ). In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in Case of Automated Underwriting System ( i ) In general. If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score. However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( c ).\n\n( iii ) Enterprise defined. For purposes of this subparagraph, the term \" enterprise '' has the same meaning as in paragraph ( 6 ) of section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency.\n\nA person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( D ) Notice to home loan applicants. A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : \" Notice To The Home Loan Applicant \" In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\n\" The credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file.\n\nThe scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\n\" Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\n\" If you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\n\" If you have questions concerning the terms of the loan, contact the lender. '' ( E ) Actions not required under this subsection. This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than 1 disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No Obligation for Content ( i ) In general. The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the c","date_sent_to_company":"2021-06-14T20:57:21.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"91767","tags":null,"has_narrative":true,"complaint_id":"4459790","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2021-06-14T20:57:16.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["( 3 ) ( A ) Identification of each person ( including each end-<em>user</em> identified under section 607 ( e ) ( 1 ) [ 1681e ] ) that procured a consumer report ( i ) for employment purposes, <em>during</em> the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, <em>during</em> the 1-year period preceding the date on which the request is made."]},"sort":[7.4394135,"4459790"]},{"_index":"complaint-public-v1","_id":"6460073","_score":5.9564986,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On my credit report from XXXX is an inquiry from Capital One. I did not make this inquiry and XXXX has not removed it! I did complete an ID Theft affidavit and all they say is its being investigated.18 U.S. Code 1028 This is too long for an item to be investigated it is now XXXX and is still on my report! \nAccording to 18 U.S. Code 1028 says - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.\n\n( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section. \n( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. \n( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.\n\n( f ) Attempt and Conspiracy.\n\nAny person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.\n\n( g ) Forfeiture Procedures.\n\nThe forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).\n\n( h ) Forfeiture ; Disposition.\n\nIn the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.\n\n( i ) Rule of Construction.\n\nFor purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification. \nI did not create this inquiry and when I contacted XXXX WITH THE ID THEFT AFFIDAVIT FORM not ONLY should it have been REMOVED! The credit bureau should have invoked 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\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.and 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. \n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).","date_sent_to_company":"2023-01-19T18:02:21.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33604","tags":null,"has_narrative":true,"complaint_id":"6460073","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-01-19T18:02:13.000Z","state":"FL","company_public_response":null,"sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["of the credit or prepayment <em>risks</em> associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account"]},"sort":[5.9564986,"6460073"]},{"_index":"complaint-public-v1","_id":"6460029","_score":5.9564986,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On my credit report from Transunion is an inquiry from XXXX XXXX. I did not make this inquiry and Transunion has not removed it! I did complete an ID Theft affidavit and all they say is its being investigated.18 U.S. Code 1028 This is too long for an item to be investigated it is now XXXX  and is still on my report!\n\nAccording to 18 U.S. Code 1028 says - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.\n\n( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.\n\n( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.\n\n( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.\n\n( f ) Attempt and Conspiracy.\n\nAny person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.\n\n( g ) Forfeiture Procedures.\n\nThe forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).\n\n( h ) Forfeiture ; Disposition.\n\nIn the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.\n\n( i ) Rule of Construction.\n\nFor purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.\n\nI did not create this inquiry and when I contacted Transunion WITH THE ID THEFT AFFIDAVIT FORM not ONLY should it have been REMOVED! The credit bureau should have invoked 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\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.and 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. \n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).","date_sent_to_company":"2023-01-19T18:02:06.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33604","tags":null,"has_narrative":true,"complaint_id":"6460029","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-01-19T16:30:32.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["of the credit or prepayment <em>risks</em> associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account"]},"sort":[5.9564986,"6460029"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":8,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":8}]}},"product":{"doc_count":8,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":4,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":4}]}},{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":4,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":4}]}}]}},"issue":{"doc_count":8,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Improper use of your report","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit inquiries on your report that you don't recognize","doc_count":2},{"key":"Reporting company used your report improperly","doc_count":1}]}},{"key":"Problem with a company's investigation into an existing problem","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Their investigation did not fix an error on your report","doc_count":3}]}},{"key":"Incorrect information on your report","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Information belongs to someone else","doc_count":2}]}}]}},"timely":{"doc_count":8,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":8}]}},"company_response":{"doc_count":8,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":6},{"key":"Closed with non-monetary relief","doc_count":2}]}},"submitted_via":{"doc_count":8,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":8}]}},"company":{"doc_count":8,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":4},{"key":"CAPITAL ONE FINANCIAL CORPORATION","doc_count":1},{"key":"EQUIFAX, INC.","doc_count":1},{"key":"Experian Information Solutions Inc.","doc_count":1},{"key":"LEXISNEXIS","doc_count":1}]}},"state":{"doc_count":8,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"FL","doc_count":3},{"key":"IL","doc_count":3},{"key":"CA","doc_count":2}]}},"company_public_response":{"doc_count":8,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":5}]}},"tags":{"doc_count":8,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}