{"took":144,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":43,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"20999237","_score":16.14983,"_source":{"product":"Mortgage","complaint_what_happened":"FORMAL COMPLAINT WITH LEGAL GROUNDS AND REGULATORY REFERENCES Complainant : XXXX XXXX XXXX : Navy Federal Credit Union XXXX XXXX Loss Mitigation Mishandling, Servicing Violations, and Foreclosure Risk I. INTRODUCTION This complaint alleges violations of federal mortgage servicing regulations under Regulation X ( 12 CFR Part 1024 ) and Regulation Z ( 12 CFR Part 1026 ) arising from the mishandling of my loss mitigation application, inconsistent servicing practices, failure to provide continuity of contact, and ongoing foreclosure-related risk while my application remains unresolved. \n\nXXXX. SUMMARY OF CORE VIOLATIONS The Respondents conduct demonstrates potential violations of : 12 CFR 1024.41 Loss Mitigation Procedures 12 CFR 1026.40 Continuity of Contact 12 CFR 1024.35 Error Resolution Procedures 12 CFR 1024.38 General Servicing Policies and Procedures 12 CFR 1024.36 Requests for Information 12 CFR 1026.36 Mortgage Servicing Rules ( Payment Processing ) 12 CFR 1026.41 Periodic Statements XXXX. FACTUAL INCIDENTS AND APPLICABLE VIOLATIONS XXXX. Mishandling and Delayed Processing of Loss Mitigation Application Applicable Regulation : 12 CFR 1024.41 Loss Mitigation Procedures Incident : I submitted a complete loss mitigation package since XXXX. \nDespite repeated submissions, the application has not been properly reviewed or finalized. \nDocuments were repeatedly requested again after submission. \nI was instructed that the application was near completion, then required to restart the process. \n\nViolation Analysis : Failure to properly review a complete application within required timelines. \nRepeated resetting of the review process without clear deficiency notices. \nFailure to provide a consistent evaluation of submitted documents. \nXXXX. Inconsistent and Conflicting Documentation Requirements Applicable Regulations : 12 CFR 1024.38 Servicing Policies and Procedures 12 CFR 1024.41 Loss Mitigation Procedures Incident : I was told a job offer letter was sufficient, then later rejected for missing details. \nI was informed documents were acceptable, then later required to resubmit with additional criteria. \nNotarization instructions were changed after compliance. \nRequirements varied depending on the representative. \n\nViolation Analysis : Failure to maintain consistent servicing standards. \nFailure to establish and follow standardized procedures for document review. \nImposition of shifting requirements causing unnecessary delay. \nXXXX. Lack of Continuity of Contact / Multiple Conflicting Representatives Applicable Regulation : 12 CFR 1026.40 Continuity of Contact Incident : My case has been handled by multiple representatives with no single point of contact.\n\nI received conflicting instructions from different personnel.\n\nI requested a dedicated specialist but was not consistently assigned one.\n\nCommunication breakdowns occurred between representatives reviewing my file. \n\nViolation Analysis : Failure to provide a single point of contact or designated team. \nFailure to ensure consistent communication and case management. \nBorrower was forced to repeat information multiple times due to lack of coordination. \nXXXX. Failure to Properly Address Document Errors and Requests Applicable Regulation : 12 CFR 1024.35 Error Resolution Procedures 12 CFR 1024.36 Requests for Information Incident : Documents submitted were not properly acknowledged or tracked. \nErrors in documentation were identified late rather than during initial review. \nRepeated requests for the same or similar documents occurred without clarification. \nI requested confirmation of received documents but did not receive clear resolution. \n\nViolation Analysis : Failure to reasonably investigate and correct servicing errors. \nFailure to provide accurate and complete responses to borrower inquiries. \nLack of transparency in document tracking and file status. \nXXXX. Failure in General Servicing Practices and Recordkeeping Applicable Regulation : 12 CFR 1024.38 General Servicing Policies and Procedures Incident : Documents were accepted and later deemed insufficient without clear initial review. \nInternal inconsistencies suggest inadequate recordkeeping or review processes. \nNo clear audit trail or consistent documentation status was provided. \n\nViolation Analysis : Failure to maintain policies ensuring accurate document handling. \nFailure to properly record, track, and communicate application status. \nBreakdown in internal servicing procedures. \nXXXX. Potential Dual-Tracking and Foreclosure Risk Applicable Regulation : 12 CFR 1024.41 Incident : Foreclosure activity is ongoing while my loss mitigation application remains unresolved. \nNo final determination has been made on my application despite submission of required documents. \n\nViolation Analysis : Proceeding with foreclosure-related actions while a complete application is under review may constitute prohibited dual-tracking. \nLack of proper resolution prior to advancing foreclosure proceedings. \nXXXX. Payment and Account Handling Concerns ( If Applicable ) Applicable Regulations : 12 CFR 1026.36 Payment Processing 12 CFR 1026.41 Periodic Statements Incident : Account status has been difficult to verify due to inconsistent servicing communication. \nStatements and account updates have not clearly reflected the status of my loss mitigation review. \n\nViolation Analysis : Potential failure to properly apply or communicate payment/account information. \nLack of clarity in periodic statements regarding account status. \nIV. HARM CAUSED As a result of these servicing failures : I face ongoing risk of foreclosure My ability to resolve my mortgage has been significantly delayed I have experienced financial, emotional, and household hardship My household stability has been impacted, including medical considerations for my dependent V. RELIEF REQUESTED I respectfully request : Immediate assignment of a single qualified point of contact Immediate suspension of foreclosure activity pending review of my application A full and final review of my loss mitigation application under 12 CFR 1024.41 Written confirmation of all documents received and status of my file A complete and final list of any deficiencies ( if any exist ) Correction of servicing errors under 12 CFR 1024.35 Compliance with continuity of contact requirements under 12 CFR 1026.40 Written explanation of all actions taken on my account VI. NOTICE OF FURTHER ACTION If these violations are not corrected promptly, I reserve the right to pursue : Additional complaints with federal regulators Escalation through formal enforcement channels Legal remedies for servicing violations and foreclosure-related harm Submitted by : XXXX XXXX XXXX XX/XX/year> XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX FORMAL COMPLAINT WITH LEGAL GROUNDS AND REGULATORY REFERENCES Complainant : XXXX XXXX XXXX XXXX Navy Federal Credit Union XXXX XXXX XXXX XXXX XXXX, Servicing Violations, and Foreclosure Risk I. INTRODUCTION This complaint alleges violations of federal mortgage servicing regulations under Regulation X ( 12 CFR Part 1024 ) and Regulation Z ( 12 CFR Part 1026 ) arising from the mishandling of my loss mitigation application, inconsistent servicing practices, failure to provide continuity of contact, and ongoing foreclosure-related risk while my application remains unresolved. \n\nXXXX. SUMMARY OF CORE VIOLATIONS The Respondents conduct demonstrates potential violations of : 12 CFR 1024.41 Loss Mitigation Procedures 12 CFR 1026.40 Continuity of Contact 12 CFR 1024.35 Error Resolution Procedures 12 CFR 1024.38 General Servicing Policies and Procedures 12 CFR 1024.36 Requests for Information 12 CFR 1026.36 Mortgage Servicing Rules ( Payment Processing ) 12 CFR 1026.41 Periodic Statements XXXX. FACTUAL INCIDENTS AND APPLICABLE VIOLATIONS XXXX. Mishandling and Delayed Processing of Loss Mitigation Application Applicable Regulation : 12 CFR 1024.41 Loss Mitigation Procedures Incident : I submitted a complete loss mitigation package since XXXX. \nDespite repeated submissions, the application has not been properly reviewed or finalized. \nDocuments were repeatedly requested again after submission. \nI was instructed that the application was near completion, then required to restart the process. \n\nViolation Analysis : Failure to properly review a complete application within required timelines. \nRepeated resetting of the review process without clear deficiency notices. \nFailure to provide a consistent evaluation of submitted documents. \nXXXX. Inconsistent and Conflicting Documentation Requirements Applicable Regulations : 12 CFR 1024.38 Servicing Policies and Procedures 12 CFR 1024.41 Loss Mitigation Procedures Incident : I was told a job offer letter was sufficient, then later rejected for missing details. \nI was informed documents were acceptable, then later required to resubmit with additional criteria. \nNotarization instructions were changed after compliance. \nRequirements varied depending on the representative. \n\nViolation Analysis : Failure to maintain consistent servicing standards. \nFailure to establish and follow standardized procedures for document review. \nImposition of shifting requirements causing unnecessary delay. \nXXXX. Lack of Continuity of Contact / Multiple Conflicting Representatives Applicable Regulation : 12 CFR 1026.40 Continuity of Contact Incident : My case has been handled by multiple representatives with no single point of contact.\n\nI received conflicting instructions from different personnel.\n\nI requested a dedicated specialist but was not consistently assigned one.\n\nCommunication breakdowns occurred between representatives reviewing my file.\n\nViolation Analysis : Failure to provide a single point of contact or designated team. \nFailure to ensure consistent communication and case management. \nBorrower was forced to repeat information multiple times due to lack of coordination. \nXXXX. Failure to Properly Address Document Errors and Requests Applicable Regulation : 12 CFR 1024.35 Error Resolution Procedures 12 CFR 1024.36 Requests for Information Incident : Documents submitted were not properly acknowledged or tracked. \nErrors in documentation were identified late rather than during initial review. \nRepeated requests for the same or similar documents occurred without clarification. \nI requested confirmation of received documents but did not receive clear resolution. \n\nViolation Analysis : Failure to reasonably investigate and correct servicing errors. \nFailure to provide accurate and complete responses to borrower inquiries. \nLack of transparency in document tracking and file status. \nXXXX. Failure in General Servicing Practices and Recordkeeping Applicable Regulation : 12 CFR 1024.38 General Servicing Policies and Procedures Incident : Documents were accepted and later deemed insufficient without clear initial review.\n\nInternal inconsistencies suggest inadequate recordkeeping or review processes.\n\nNo clear audit trail or consistent documentation status was provided.\n\nViolation Analysis : Failure to maintain policies ensuring accurate document handling.\n\nFailure to properly record, track, and communicate application status. \nBreakdown in internal servicing procedures. \nXXXX. Potential Dual-Tracking and Foreclosure Risk Applicable Regulation : 12 CFR 1024.41 Incident : Foreclosure activity is ongoing while my loss mitigation application remains unresolved. \nNo final determination has been made on my application despite submission of required documents. \n\nViolation Analysis : Proceeding with foreclosure-related actions while a complete application is under review may constitute prohibited dual-tracking.\n\nLack of proper resolution prior to advancing foreclosure proceedings. \nXXXX. Payment and Account Handling Concerns ( If Applicable ) Applicable Regulations : 12 CFR 1026.36 Payment Processing 12 CFR 1026.41 Periodic Statements Incident : Account status has been difficult to verify due to inconsistent servicing communication. \nStatements and account updates have not clearly reflected the status of my loss mitigation review. \n\nViolation Analysis : Potential failure to properly apply or communicate payment/account information. \nLack of clarity in periodic statements regarding account status. \nIV. HARM CAUSED As a result of these servicing failures : I face ongoing risk of foreclosure My ability to resolve my mortgage has been significantly delayed I have experienced financial, emotional, and household hardship My household stability has been impacted, including medical considerations for my dependent V. RELIEF REQUESTED I respectfully request : Immediate assignment of a single qualified point of contact Immediate suspension of foreclosure activity pending review of my application A full and final review of my loss mitigation application under 12 CFR 1024.41 Written confirmation of all documents received and status of my file A complete and final list of any deficiencies ( if any exist ) Correction of servicing errors under 12 CFR 1024.35 Compliance with continuity of contact requirements under 12 CFR 1026.40 Written explanation of all actions taken on my account VI. NOTICE OF FURTHER ACTION If these violations are not corrected promptly, I reserve the right to pursue : Additional complaints with federal regulators Escalation through formal enforcement channels Legal remedies for servicing violations and foreclosure-related harm Submitted by : XXXX XXXX NOTICE OF ERROR AND REQUEST FOR INFORMATION ( RESPA ) RE : Mortgage Loan Loss Mitigation Mishandling & Foreclosure Activity Borrower : XXXX XXXX XXXX XXXX Navy Federal Credit Union XXXX XXXX To Whom It May Concern, I am submitting this as a * * formal Notice of Error and Request for Information * * under the Real Estate Settlement Procedures Act ( RESPA ), regarding the handling of my mortgage account and loss mitigation application. \n\n\n\nErrors Identified I assert that the following errors have occurred : XXXX. * * Failure to properly process my loss mitigation application * * XXXX. * * Requesting duplicative and inconsistent documentation * * XXXX. * * Failure to notify me of missing documents in a timely manner * * XXXX. * * Providing conflicting and inaccurate information from multiple representatives * * XXXX. * * Failure to exercise reasonable diligence in obtaining documents * * XXXX. * * Improper delay of my application since XXXX despite repeated submissions * * XXXX. * * Potential dual-tracking ( continuing foreclosure activity while my application is under review ) Facts * I have submitted all requested documents multiple times since XXXX * I have been given conflicting instructions by different representatives * Documents have been accepted, then later rejected for new reasons * I was told my application was near completion, then forced to restart * My case has not been assigned to a single point of contact * Foreclosure activity is ongoing despite my active efforts to complete the process -- - Requested Action I am requesting the following : XXXX. Immediate * * suspension of all foreclosure activity * * while my loss mitigation application is under review XXXX. Assignment of a * * single point of contact or supervisor * * XXXX. A complete and final written list of any outstanding documents XXXX. Written confirmation of all documents currently on file XXXX. A full investigation into the handling of my account XXXX. Correction of all errors and prompt processing of my application Request for Information Please provide : * A complete account history * All records of documents received from me * Internal notes regarding my loss mitigation application * Dates of all application reviews * Identification of all personnel involved in my case Due to the ongoing nature of these issues and the risk of foreclosure, I am also filing a complaint with the Consumer Financial Protection Bureau. \n\nFailure to correct these errors may result in further legal action. \n\n\nSincerely, XXXX XXXX XXXX : XXXX","date_sent_to_company":"2026-04-07T04:27:53.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"29611","tags":null,"has_narrative":true,"complaint_id":"20999237","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2026-04-07T04:13:14.000Z","state":"SC","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Applying for or obtaining a modification, forbearance plan, short sale, or deed-in-lieu"},"highlight":{"complaint_what_happened":["INTRODUCTION This complaint alleges violations of federal mortgage servicing regulations under Regulation X ( 12 CFR Part 1024 ) and Regulation Z ( 12 CFR Part 1026 ) <em>arising</em> from the mishandling of my loss mitigation application, inconsistent servicing practices, failure to provide continuity of contact, and ongoing foreclosure-related <em>risk</em> while my application remains unresolved. \n\nXXXX."]},"sort":[16.14983,"20999237"]},{"_index":"complaint-public-v1","_id":"6736230","_score":11.067595,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"Office of the Consumer Financial Protection Bureau (CFPB) 1700 G Street NW.,\nWashington, DC\nDC 20552\nThis is to complain against the Bank of America\nURGENCY: HIGH IMPORTANCE: HIGH\n[WITHOUT PREJUDICE]\nXXXX XXXX XXXX XXXXXXXX XXXX XXXX.\n I would like to draw your attention to XXXX XXXX XXXX - I had sent my complaint letter to Bank of America, in which I clearly stated how this scam has affected me personally, psychologically and financially.\nI am afraid I have had to go through so much \"bureaucracy\" thus far in order to catch their attention to my concerns. This really doesn't show their complaints department in a good light, to say the least; and certainly, does not contribute tomyoverall satisfaction and peace of mind. My complaint is against the bank that did not do its job properly (could not prevent/foreseen fraud and could not conduct a proper investigation) and not against the vulnerable customer who fell victim and lost all the savings due to the misconduct of the bank.\nI feel very distressed and cheated, all because no one took action immediately and\npractice their duty of care, therefore I only request what I believe to be rightfully mine, as all institutions were more than negligent in protecting my account and handling the complaints. I comprehensively provided explanations and proof to my claim, even so, Bank of America never acknowledge my complaint, therefore, I have approached you CFPB and I would like to receive your assistance on this matter.\nGeneral Obligation:\nCommencing on or around XXXX XXXX XXXX I fell victim to two multi-layered scam operations run by hackers which involved me making deposits for a total amount of XXXX XXXX from my Bank of America account to fraudulent investment firms.\nWhen determining whats reasonable and fair, we should focus on the issue of liability; common queries include, but are not limited to, the following (i) whether Bank of America did not take notice of any rule, law, or regulation, and/or possibly missed any material elements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my financial safety; (ii) whether by virtue of Bank of Americas custodianship over my funds or by its control over them, they owed a fiduciary duty to the me and if so, whether that duty was breached; (iii) whether Bank of America promoted the transaction(s) in question despite being aware of the\n \nnature of the transaction(s) in question (iv) whether Bank of America was in compliance with its own policies and procedures; (v) whether Bank of America owed duties to myself, what the scope of those duties was, and whether Bank of America did not uphold those duties; (vi) whether Bank of Americas conduct was unfair; and (vii) whether Bank of America has within its power the ability to, and should, compensate me for the harm that has befallen me.\nUpon identification of such unusual or suspicious activity, it is crucial that the relevant staff member adequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent and nature of this activity and properly communicate to the customer that such activity meets the relevant criteria of fraud.\nIn providing its services to a customer, a financial institution is required by law to exercise the care and skill of a diligent, prudent banker. In this case, this means that the payment service provider should not turn a blind eye to known facts pointing to a real possibility that their customer is being scammed. In other words, Bank of America must have had special knowledge of what was occurring or been alerted to a real possibility of fraud taking place. The financial institution must have known or reasonably ought to have known that I was dealing with a scammer.\nGranted, there is room for diversity of view insofar as reasonableness is concerned. Indeed, there is a sense in which the standard of care of the reasonable person involves in its application a subjective element.\nHowever, it must be remembered that the correct test is always reasonable care in all circumstances, not average care. The fact that most people behave in a certain way may be good evidence that the conduct is reasonable, but this is not necessarily the case. Although reasonableness is a very fluid concept, all of the evidence suggests that Bank of America did not foresee the fraud and disregarded even the most obvious dangers in this respect.\nSituations do tend to repeat themselves and it is advisable to examine previous outcomes to see how the standard of the reasonable person should be applied, and that lessons can be learnt from the errors of the past.\nApropos of the fluidity of the concept of reasonableness, all Bank of America has done in this regard is set up a dichotomy of having or not having the legal obligation under consideration, however, that does not go one-inch toward explaining why various regulatory authorities, has maintained that financial institutions can, and should, protect consumers using their systems, advanced technologies, and rich experience.\nBank of America is obliged to take some action if it is sufficiently aware of a real possibility that a fraud may be being perpetuated. If you don't question its customers instructions or raise the possibility of a scam with the customer in these circumstances, it may be liable if the red flags indicate the customer is:\n particularly vulnerable, or\n\n if the possibility of fraud was serious or real, not just suspected.\nThere are some recommendations to organisations for protecting customers from financial harm that might occur as a result of fraud or financial abuse; and gives guidance on how to recognise customers who might be at risk, how to assess the potential risks to the individual and how to take the necessary actions to prevent or minimise financial harm.\nThese recommendations are established as a general principle, the organisation should deliver a service that:\n1) Takes a proactive approach to minimising risks, impact and incidences of financial harm and it sets out systems and tools for the prevention and detection of fraud and financial abuse. As a general point, it says organisations should ensure that all systems are developed using technologies and methodologies that are effective in the prevention of fraud and financial abuse, through authorised and unauthorised payments, thereby minimising the risk of financial harm to customers. As regards to the detection of fraud and financial abuse, it says the organisation:\nA) should have measures in place across all payment channels and products to detect suspicious transactions or activities that might indicate fraud or financial abuse. It then lists the following examples of suspicious activity on customer accounts:\na. multiple cheque books;\nb. sudden increased spending;\nc. transfers to other accounts;\nd. multiple password attempts;\ne. logins from new devices, multiple geographical locations;\nf. sudden changes to the operation of the account; Unusual transactions are transactions whose amount, characteristics and frequency bear no relation to the economic activity of the customer, exceed normal market parameters or have no apparent legal justification.\ng. a withdrawal or payment for a large amount;\nh. a payment or series of payments to a new payee;\ni. financial activity that matches a known method of fraud or financial abuse.\nB) organisations should have a process in place to ensure that staff make contact with the customer to verify the financial activity, challenge its authenticity, explain the nature of the suspected or detected fraud and discuss an appropriate plan of action.\nI am deeply convinced that the disastrous results that I have previously elaborated upon will continue to ensue if no responsibility is adopted by Bank of America in relation to this matter. I have also thoroughly detailed why they cannot simply dismiss this problem by strictly adhering to legal technicalities which, after careful reflection, struck me as being nothing more than self-\n  \ninterest. Indeed, it seems to me utterly unfair to disregard fragile, sensitive, and vulnerable consumers who are afflicted by such allegedly malevolent acts, thereby keeping an unjust status-quo that is corrupting our society at its core.\nConclusion:\nBased on my analysis, and as confirmed by various authorities concerned with such matters, there is abundant evidence that forward-thinking financial institutions ought to take reasonable steps to forestall fraud, or at least mitigate its risk by using an effective risk management system, demonstrating their undisputed ability to responsibly and pre-emptively respond to questionable transactions in the digital arena. The use of such systems, largely based on newly\n \nadopted technologies aimed at effectively navigating the evolving threat landscape, is only one of a number of possible endeavours undertaken in this connection, alongside the application of past knowledge and experience related to popular fraudulent practices.\nBank of Americas non-observance of the fundamental principles of justice  that is, to completely overlook and not even remotely try to mitigate the suffering of vulnerable consumers is inexcusable given the size of the establishment and the vast resources at its disposal as the direct result of the patronage of clients like myself.\nIn summary, I respectively ask your organisation to consider my points, given your personal and companywide obligation to provide a fair and reasonable investigation into the complaint.\nI look forward to your input and would gladly cooperate to reach a fair and reasonable outcome. Thank you.\nXXXX XXXX\nTHE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK\n \nPage 1 of 7\nXXXX XXXX XXXX Bank of America XXXX XXXX XXXX XXXX XXXX NC XXXXXXXX XXXX XXXX  Re: Demand Letter\nAttn: Claims/Fraud Dept.\nDear Sir/Madam,\nFor negotiation purposes only, without effect as to any and all rights\n  The goal of this letter is twofold: first, it aims to establish that a duty of care was breached, inasmuch as you have failed to perform adequate due diligence or/and not acted in a reasonable and prudent manner to prevent foreseeable substantial damages I suffered as a result of a fraud [ 1]. Second, it shall serve as formal written demand for reimbursement based on the aforementioned grounds, among others.\nA very comprehensive analysis of fraud prevention suggests that by processing atypical, non-routine transactions, and/or by being aware of other fraudulent schemes similar to the one alleged herein and/or ignorance of obvious warning signs of fraud, you engaged in/ is a pattern or a practice of a wrongful and negligent conduct which provided substantial assistance to advance the commission of a fraud that resulted in my financial and psychological damages. The facts and details concerning the actions in question are set forth hereunder.\nOVERVIEW\n Commencing on or about XXXX XXXX XXXX, I fell victim to a multilayered scam operation orchestrated Hackers (the Scammer), all of which aim at contributing to the goal of robbing and defrauding innocent people.\n Money was transferred from my account via debit card, and through an intermediary named XXXX  in the\ntotal amount of XXXX XXXX utilizing your services.\n This letter shall thrust into the spotlight, inter alia, the increasingly important role financial institutions play in\nthe fight against financial crime and fraud, and the pressing need for higher levels of supervision and vigilance\nwithin your organization.\n Additionally, it is vital that you will immediately take all actions within your power to remedy the situation,\nwhether by raising chargeback in respect of the transactions in question or reimburse me and credit my account, for the full amount of these payments, in the total amount of XXXX XXXX\n1 FCA: A more effective approach to combatting financial crime XXXX XXXX XXXX 1\n   \nPage 2 of 7 XXXX XXXX XXXX   Heres an indisputable fact: had you looked at the wider circumstances surrounding the above-referenced transactions, this illicit transfer of wealth could have been prevented.\n Executing transactions without proper authority is not only a severe regulatory offense but also an irresponsible and reckless disregard of the customers financial safety.\n Against this background, and without derogating any of my rights, I hereby hold you liable for financial and emotional harm as well as medical problems relating to this victimization and demand that you reimburse my account in full within 10 days from the date of this letter.\nINTRODUCTION\nFinancial crimes and fraud investigations often involve a high degree of sophistication, complexity, and sensitiveness to detail. Accordingly, this letter aims to address the issue at hand as profoundly and fairly as possible, by taking into consideration contextual regulations, laws, and bylaws, as well as guidance, standards and rules promoted by supervisory authorities, relevant codes of practice and (where suitable) what was good industry practice (GIP) at all times relevant hereto. The allegations contained herein are predicated either upon knowledge with respect to myself and my own experience, or upon facts obtained through investigations conducted by qualified third parties. I strongly believe that substantive evidence in support of the allegations set forth herein will be found after an appropriate opportunity for discovery. Key facts supporting the allegations contained herein are known only to the Scammer or/and are exclusively within their control.\nI did not know, and through the exercise of reasonable diligence could not have discovered, the fraud that was being perpetrated upon myself by the Scammer. Fraud is commonly conceptualized as withholding from the weaker party in a financial transaction information which is necessary to make an informed, rational or autonomous decision.\nIn this regard, even access to adequate information is insufficient to achieve complete autonomy. A complication here is that the weaker party might have trouble analyzing the data at hand sufficiently well to identify fraudulent schemes. A reasonable solution is that financial institutions would be required to promote transparent communication in which they track the understanding of its customers.\nThe false representations and omissions made by the Scammer have a tendency or capacity to deceive victims, such as myself, into unwittingly providing funds that fueled the Scammers fraudulent scheme and therefore are, by their very nature immoral, unethical, oppressive, unscrupulous, and substantially injurious to consumersall at once.\nAs a result of the Scammers deceptive practices, I was deceived into transferring my funds to them. The false statements of material facts and omissions as described above; and the sham transactions the Scammer perpetrated upon myself; were unfair, unconscionable, and deceptive practices perpetrated on me which would have likely tricked a reasonable person under the circumstances.\n  2\n\nPage 3 of XXXX XXXX XXXX XXXX\nSCAMMERS FRAUD SCHEME  ALLEGATIONS\n Please take notice that my funds were transferred through means of coercion and under false pretenses all along! Attached, please find supportive statements, screenshots, and further evidence.\nEXPOSING YOUR ORGANIZATIONS MISCONDUCT\nI hereby allege that your organization had breached the duty of care that is owed by a financial institution to its clients in circumstances where there are reasonable grounds to suspect that the sole purpose of a payment instruction is to defraud the client. Under such circumstances, you are obliged to refrain from executing the payment instruction until you have been able to satisfy yourself that there is a legitimate basis for the instruction. Once the duty is engaged, the duty takes priority over the usual obligation on a financial institution to execute customer instructions promptly. The duty in question is often referred to as the Quincecare duty, because it was established in the case of Barclays Bank plc v Quincecare Ltd. (the Quincecare duty)\nThe Quincecare duty is well-established and requires financial institutions to take reasonable care and skill when executing clients instructions. It is recognized as authoritative by leading academic texts [2]. The duty arises in cases where it can be argued that an ordinary prudent staff member of a financial institution would have a reasonable basis for suspicion that a particular payment instruction would result in the misappropriation of the clients funds.\nWhen the duty does arise, it can be discharged simply by refraining from executing the instruction unless and until such time as the financial institution has been able to establish that the instruction relates to a lawful obligation. The financial institution shall seek further information or/and documentation from the client in order to help establish this.\nBased on the above, and after conducting a comprehensive review of our communication/interactions, it became glaringly obvious to me that no adequate information or/and documentation were sought by your organization, at best, and at worst no appropriate safeguards were implemented at all.\nIf a bank executed a customers order to transfer money knowing it to be dishonestly given, shutting its eyes to the obvious fact of the dishonesty or acting recklessly in failing to make such inquiries as an honest and reasonable man would make, it would be in breach of its duty of care, even if the payment was made in accordance with the terms of the mandate and the bank shall be liable to its client for damages in negligence.\nCompliance departments should ensure that staff understand the legal requirements and that where there are suspicions, these suspicions must be communicated to all relevant personnel whilst they are investigated.\n2 (XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX. Ellinger's Modern Banking Law XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.)\n    3\n\nPage 4 of 7 XXXX XXXX XXXX\nFor the avoidance of doubt, reasonable grounds shall not necessarily be interpreted as proof. On the basis of various signs, you should have assumed that something fishy was going on and suspended transactions until you had made reasonable enquiries to satisfy yourself that the transactions was/were properly to be executed. In other words, I have been a victim of your negligence for facilitating the misappropriation of funds, and doing little to safeguard my financial interests. Any reasonable banker would have realized that there were many obvious, even glaring, signs that I was a fraud victim (Singularis Holdings Limited (in liquidation) v Daiwa Capital Markets Europe Limited [XXXX] UKSC 50) [ 3].\nA financial institution which wrongly pays money away when it has no authority to do so will usually be treated as if it had paid using its own funds, not those of its customer. The debits made to my account should be reversed out, and damages to compensate me for any reasonably foreseeable losses incurred as a result of your failure to state the balance of my account accurately and properly. It is also libelous/defamatory to make false statements about someone that adversely affect their credit rating.\nWhen discussing the responsibilities that a bank might incur, it is crucial not to forget the fact that a legitimate complaint by, or cause of action on the part of, a client might generate/give rise to further statutory cause of action or/and additional responsibilities or liabilities owed by a financial institution to the relevant regulatory authority. Obligations/duties owed by a bank to a regulator are distinct from those owed to the customer. On top of that, please remember you may owe liabilities to more than one regulator.\nMore often than not, such legal duties spring from the very facts that gave rise to the liabilities to your clients in the first place. Similarly to the foregoing, I may also have a cause of action against you for breach of mandate as you have negligently transferred my funds without proper authorization or enquiry.\nInstead, you should have been working hard with Artificial Intelligence [4] / Big data technologies to discover automated and effective ways not only to detect fraud but also to prevent it. Furthermore, the tremendous amount of data you possess is by no means self-evident let alone to be overlooked, hence by not utilizing it systematically and effectively to pinpoint irregular and suspicious activities you are misleading your customers, who have taken the leap of faith and placed trust and confidence in your honesty, authority, and competence.\nA plausible assumption here would be that the pattern of the above-mentioned transactions was sufficiently suspicious that it should have been flagged and blocked by your staff, even if you have never encountered similar situations.\nAccording to the FCA [5]: XXXXXXXX  could do more to identify fraudulent incoming payments and prevent accounts from being compromised by fraudsters. XXXX fraud is where a fraudster tricks a payer into making an XXXX  to an account controlled by that fraudster under false pretenses, similarly to the above-described victimization.\n3 Singularis Holdings Limited (in liquidation) v Daiwa Capital Markets Europe Limited [XXXX] UKSC 50\n4 Using AI in the fight against fraud XXXX XXXX XXXX\n5 FCA introduces new rules on handling complaints about Authorised Push Payment fraud (XXXX XXXX XXXX)\n    4\n\nPage 5 of 7 XXXX XXXX XXXX\nMoreover, I argue that you should also make a reasonable estimate on the basis of relevant historical data of my account.\n\"Given XXXX fraud is currently a XXXX million problem and growing, the potential exposure for banks is very large indeed. This is yet another reason why the banking industry must do all it can to use the data available to it to detect and stop fraud.\"\nPractically speaking, effective steps to prevent bad actors from taking advantage of future victims (or at least to minimize this possibility) are abundant:\n The use of automated and human review of irregular or suspicious transactions and traffic patterns to identify financial crimes in general and common fraudulent schemes in specific;\n Human review of complaints from the public and law enforcement in connection with rapidly-growing, recurring, and popular fraudulent practices as well as suspicious merchants, including creating special channels for such complaints;\n Cross-checking warnings, notices, cautionary announcements, and reports concerning beneficiaries, merchants, associations, or countries often suspected to be associated with cyber-fraud from governments, central banks, regulatory bodies, law enforcement agencies, and watchdogs.\n Artificial Intelligence & XXXX embrace and leverage Machine Learning technologies and Big Data Analytics to identify fraudulent, or potentially fraudulent merchants by scrutinizing publications and reports about such merchants in the digital sphere (e.g. on forums, social media, et cetera.)\n Establishing contact with the recipient institution of fraud victims: any holds in place on new related activities, or similar blockers that prevent rapid rebranding of related/similar merchants.\nIt would also be wise to consider implementing additional safeguards where the movement of large sums of monies are concerned. For instance, you could specify additional prerequisites for executing the transfer of large sums such as: (1) requiring multiple levels of approval; (2) requesting more information concerning the intended purpose of the transfers and cross-checking for similar patterns of transfer; and (3) checking on my capacity to make such transfers. While such measures entail additional compliance costs, it would be sensible for you to err on the side of caution.\n5\n\nPage 6 of 7 XXXX XXXX XXXX  CONCLUSION\n If a full refund is not administered within 10 days from the date of this letter, in addition to a refund amount, a request for reimbursement of attorneys fees, filing fees, and any further costs associated with obtaining the refund amount may be pursued.\nIn the event of non-compliance with the demand mentioned above, your organization, knowingly or unknowingly, manifestly jeopardize its business through its association with the Criminals: those who are not direct accomplices to the commission of a crime but rather are permissive of the criminal behavior after the crime has been committed can also be charged with a crime. Being permissive, even if not present when the crime was committed, by not reporting the crime to the authorities and not trying to do your part in remedying the situation, makes you an accessory to the crime. If you unknowingly assist criminal behavior and remain impartial after discovering such, you are seen as obstructing justice.\nThis letter does not realize the full extent of my claims, rights, and remedies against you or any of your affiliates, parents and subsidiary corporations, including, without limitation, your representative managing partners, officers, directors, shareholders, employees, agents, attorneys, assigns, successors, servants, insurers, and representatives, in any matter whatsoever, including the present context of this letter, as that will not detract from my rights and claims in any form or manner whatsoever, or constitute any concessions on my behalf against you and against others.\nFor more information, please reread.\nXXXX XXXX  6\n\nPage 7 of 7\nXXXX XXXX XXXX\nDEMAND FOR DISCLOSURE\nThe individuals who directed and enjoyed the fruits of these illegal and unlawful activities shall be exposed in full. This means that any and all contextual documents and/or information at your disposal shall be disclosed in a timely and equitable manner, in a reply to this letter.\nHence, I hereby demand that you disclose the following within 10 days from the date of this letter:\nReports, instructions, transmittal letters, statements, notices, and other documents, related to the relevant participants and beneficiaries, whether involved directly or indirectly, in accordance with the applicable regulations and guidelines. It also includes the correct and true names of the parties to the lawsuit, their ID NO., addresses, and telephone numbers, as well as information and documents of any potential party or of persons having knowledge of relevant facts, and a brief statement of each identified persons connection with the case, including information and documents concerning their beneficiary bank accounts, if available.\n 7\n\nTo: Bank of America\nXXXX XXXX XXXX XXXX XXXX NC XXXXXXXX XXXX XXXX  Subject: XXXX XXXX XXXX  complain to Bank of America\nFAO: Bank of Americas complaints dept.\nDear Sir / Madam,\nXXXX XXXX XXXX XXXX XXXX XXXX\n This is my subsequent letter pursuant to the original, unanswered disputed letter sent to Bank of America on the XXXX XXXX XXXX\nWith this letter, I hereby express my utmost dissatisfaction with your lack of reply to the above referenced letter and reiterate key points that were raised and left unanswered previously supporting my request for your cooperation.\nAs I mentioned I fell victim to a multilayered scam operation orchestrated by hackers (the Company) and innocently lost XXXX XXXX  of my hard-earned life-savings due to your misadministration.\nThis complex issue has caused substantial harm to me, and if not appropriately addressed, will cause substantial harm to others, we must therefore conduct an in-depth and comprehensive review of all of the contributing factors that have led to an outcome as horrendous as the one described herein.\nDue to personal circumstances, I was particularly vulnerable during the victimization period; I was also relatively financially illiterate and very inexperienced in the finance sector which made me a prime target for criminal enterprises in this field.\nFinancial institutions are well aware of the scope and nature of such crimes and the risks that these pose to their clients, who, in contrast, mostly have limited knowledge of these dangers.\nTo be clear, people who have been scammed such as myself, are not individuals who have made poor investment decisions. They are people who have been tricked, lied to, deceived and emotionally manipulated. Sophisticated, aggressive sales techniques end up trapping the uninformed and unsuspecting victim who once in the clutches of the scammer cannot get out until most or all of the funds have been lost (stolen) by the scammers. A good comparison is a XXXX who XXXX  his victim whilst at the same time XXXX XXXX  and prevents them from escaping.\nBased on my analysis, and as confirmed by various authorities concerned with such matters, there is abundant evidence that forward-thinking financial institutions ought to take reasonable steps to forestall fraud, or at least mitigate its risk by using an effective risk management\n\nsystem, demonstrating their undisputed ability to responsibly and preemptively respond to questionable transactions in the digital arena. The use of such systems, largely based on newly adopted technologies aimed at effectively navigating the evolving threat landscape, is only one of a number of possible endeavors undertaken in this connection, alongside the application of past knowledge and experience related to popular fraudulent practices.\nWhat can Bank of America do?\nPlease be noted that I will not in any way quietly tolerate the consequences of your actions (or more precisely, the lack thereof). It is perfectly obvious that you could have, and should have, utilized various risk-based examination procedures and techniques, all of which are within your purview and could have entirely prevented this disastrous outcome.\nAs previously advised, you should have known, suspected, or had reason to suspect that the transactions (or pattern of transactions):\n involve funds the ultimate purpose of which was to fuel an illegal enterprise;\n is intended to disguise funds the ultimate purpose of which was to fuel an illegal\nenterprise, in an attempt to avoid and thus violate regulations;\n is intentionally designed to defraud your customer;\n serves no legitimate or lawful purpose; and\n involve the use of your services to facilitate criminal activity.\nThere are so many other ways in which measures related to fraud prevention and mitigation could have been useful. Further factors that should have been taken into consideration include, but are not limited to, the following:\n The timing, volume, frequency, and nature of the transactions in question;\n The abnormality of such transactions against the background of your experience with me\nas a customer and other entities associated with the transactions (if any);\n The suspicious nature of such transactions based on my overall risk profile including\nvulnerability and identification and research of high-risk services/products;\n Systemic filtering mechanisms, whether manual or automatic, for the identification of\nunusual activities; and\n Periodic evaluation of the usefulness, appropriateness and effectiveness of anti-fraud\nprograms, and other associated policies and procedures.\nRelevant industry practices at the time of the victimisation:\nYour Organization is obliged to take some action if it is sufficiently aware of a real possibility that a fraud may be being perpetuated. If you don't question its customers instructions or raise the possibility of a scam with the customer in these circumstances, it may be liable if the red flags indicate the customer is:\n particularly vulnerable, or\n if the possibility of fraud was serious or real, not just suspected.\nThere are some recommendations to organisations for protecting","date_sent_to_company":"2023-04-21T20:26:34.000Z","issue":"Other transaction problem","sub_product":"Virtual currency","zip_code":"33908","tags":null,"has_narrative":true,"complaint_id":"6736230","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2023-03-22T23:52:24.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["As a general <em>point</em>, it says organisations should ensure that all systems are developed using technologies and methodologies that are effective in the prevention of fraud and financial abuse, through authorised and unauthorised payments, thereby minimising the <em>risk</em> of financial harm to customers."]},"sort":[11.067595,"6736230"]},{"_index":"complaint-public-v1","_id":"12330269","_score":10.901182,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX Washington, DC XXXX Subject : Complaint Regarding Equifax Data Breach and Violations of Privacy Under the Fair Credit Reporting Act Date : XX/XX/XXXX From : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, FL XXXX XXXX XXXX Dear CFPB, I am writing to file a formal complaint regarding violations of my privacy rights as stipulated under the Fair Credit Reporting Act ( FCRA ), specifically in connection with the Equifax data breach and the handling of my personal information by various credit reporting agencies. \n\n1. Equifax Data Breach Involvement I was among the consumers whose personal and sensitive data was compromised in the XXXX Equifax data breach. Equifax failed to adequately protect my personal information, which includes my Social Security number, credit information, and other identifying details, resulting in significant exposure to potential identity theft and financial fraud. I believe that Equifaxs actions, or lack thereof, violated the protections afforded to me under the FCRA, particularly with regard to my right to privacy. \n\n2. Lack of Opt-Out Notice Additionally, at no point was I provided with an opt-out notice upon acquiring any of my accounts with various credit reporting agencies, as required by law. Under FCRA 604 ( c ) ( 1 ) ( A ), I should have been informed of my right to opt out of prescreened offers for credit or insurance. The failure to provide this notice constitutes a violation of my consumer rights under the FCRA. \n\n3. Lack of Consumer Consent Further, I have never given explicit consent for any credit reporting agency or other entities to access or distribute my credit report and personal information. Section 604 of the FCRA ( 15 U.S.C. 1681b ) outlines the permissible purposes for furnishing a consumer report, none of which were met in my case. I believe these agencies have improperly accessed and used my data without my consent, further compounding the breach of my privacy.\n\n4. Request for Deletion of Accounts Due to the unauthorized use of my personal information and the failure to provide opt-out notices, I am formally requesting that the following accounts be immediately deleted from my credit report. These accounts were either opened or accessed without my express consent, and their continued presence on my credit report constitutes a violation of my rights under the FCRA : XXXX ( XXXX ) - XXXX. # XXXX ( Closed XXXX ) XXXX XXXX IN - Balance : {$640.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX  XXXX Balance : {$730.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX XXXX - Balance : {$93.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( Closed XXXX ) 5. How Deletion Constitutes a Fair Resolution The removal of these accounts from my credit report would provide a fair resolution for several reasons : Restoration of Privacy : Deleting the offending accounts would rectify the unauthorized use and sharing of my personal information, restoring my right to privacy as mandated by the FCRA. Given that these accounts were either opened or accessed without my consent, their removal would prevent any further unauthorized use of my credit report. \n\nCorrection of Credit Report : Many of these accounts, particularly those arising from collections and financial management services, have likely negatively impacted my credit score. The deletion would help rectify any unjust damage done to my credit standing, which has resulted from actions I did not authorize or consent to. \n\nPrevention of Future Harm : By removing these accounts, it reduces the potential for identity theft or fraud, as leaving such accounts open can increase my vulnerability to further exploitation of my personal data. Equifaxs breach already exposed me to such risks, and account deletion would minimize further exposure.\n\nIn light of the above, I request an immediate investigation into these violations and seek appropriate remedial actions. This includes holding Equifax accountable for the mishandling of my personal data, ensuring that the necessary opt-out notices are issued, preventing further unauthorized access to my credit information, and the immediate deletion of all affected accounts from my credit report. \n\nI appreciate your attention to this matter and look forward to a timely resolution. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-03-05T18:02:43.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32792","tags":null,"has_narrative":true,"complaint_id":"12330269","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-03-05T18:02:17.000Z","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":["Equifaxs breach already exposed me to such <em>risks</em>, and account deletion would minimize further exposure.\n\nIn light of the above, I request an immediate investigation into these violations and seek appropriate remedial actions."]},"sort":[10.901182,"12330269"]},{"_index":"complaint-public-v1","_id":"12323812","_score":10.894352,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX Washington, DC XXXX Subject : Complaint Regarding Equifax Data Breach and Violations of Privacy Under the Fair Credit Reporting Act Date : XX/XX/XXXX From : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, FL XXXX XXXX XXXX Dear CFPB, I am writing to file a formal complaint regarding violations of my privacy rights as stipulated under the Fair Credit Reporting Act ( FCRA ), specifically in connection with the Equifax data breach and the handling of my personal information by various credit reporting agencies. \n\n1. Equifax Data Breach Involvement I was among the consumers whose personal and sensitive data was compromised in the XXXX Equifax data breach. Equifax failed to adequately protect my personal information, which includes my Social Security number, credit information, and other identifying details, resulting in significant exposure to potential identity theft and financial fraud. I believe that Equifaxs actions, or lack thereof, violated the protections afforded to me under the FCRA, particularly with regard to my right to privacy. \n\n2. Lack of Opt-Out Notice Additionally, at no point was I provided with an opt-out notice upon acquiring any of my accounts with various credit reporting agencies, as required by law. Under FCRA 604 ( c ) ( 1 ) ( A ), I should have been informed of my right to opt out of prescreened offers for credit or insurance. The failure to provide this notice constitutes a violation of my consumer rights under the FCRA. \n\n3. Lack of Consumer Consent Further, I have never given explicit consent for any credit reporting agency or other entities to access or distribute my credit report and personal information. Section 604 of the FCRA ( 15 U.S.C. 1681b ) outlines the permissible purposes for furnishing a consumer report, none of which were met in my case. I believe these agencies have improperly accessed and used my data without my consent, further compounding the breach of my privacy.\n\n4. Request for Deletion of Accounts Due to the unauthorized use of my personal information and the failure to provide opt-out notices, I am formally requesting that the following accounts be immediately deleted from my credit report. These accounts were either opened or accessed without my express consent, and their continued presence on my credit report constitutes a violation of my rights under the FCRA : XXXX ( XXXX ) - XXXX. # XXXX ( Closed XXXX ) XXXX XXXX IN - Balance : {$640.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX  XXXX Balance : {$730.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX XXXX - Balance : {$93.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( Closed XXXX ) 5. How Deletion Constitutes a Fair Resolution The removal of these accounts from my credit report would provide a fair resolution for several reasons : Restoration of Privacy : Deleting the offending accounts would rectify the unauthorized use and sharing of my personal information, restoring my right to privacy as mandated by the FCRA. Given that these accounts were either opened or accessed without my consent, their removal would prevent any further unauthorized use of my credit report. \n\nCorrection of Credit Report : Many of these accounts, particularly those arising from collections and financial management services, have likely negatively impacted my credit score. The deletion would help rectify any unjust damage done to my credit standing, which has resulted from actions I did not authorize or consent to. \n\nPrevention of Future Harm : By removing these accounts, it reduces the potential for identity theft or fraud, as leaving such accounts open can increase my vulnerability to further exploitation of my personal data. Equifaxs breach already exposed me to such risks, and account deletion would minimize further exposure.\n\nIn light of the above, I request an immediate investigation into these violations and seek appropriate remedial actions. This includes holding Equifax accountable for the mishandling of my personal data, ensuring that the necessary opt-out notices are issued, preventing further unauthorized access to my credit information, and the immediate deletion of all affected accounts from my credit report. \n\nI appreciate your attention to this matter and look forward to a timely resolution. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-03-05T18:02:45.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32792","tags":null,"has_narrative":true,"complaint_id":"12323812","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-03-05T17:56:05.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Equifaxs breach already exposed me to such <em>risks</em>, and account deletion would minimize further exposure.\n\nIn light of the above, I request an immediate investigation into these violations and seek appropriate remedial actions."]},"sort":[10.894352,"12323812"]},{"_index":"complaint-public-v1","_id":"12323776","_score":10.873981,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX Washington, DC XXXX Subject : Complaint Regarding Equifax Data Breach and Violations of Privacy Under the Fair Credit Reporting Act Date : XX/XX/XXXX From : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, FL XXXX XXXX XXXX Dear CFPB, I am writing to file a formal complaint regarding violations of my privacy rights as stipulated under the Fair Credit Reporting Act ( FCRA ), specifically in connection with the Equifax data breach and the handling of my personal information by various credit reporting agencies. \n\n1. Equifax Data Breach Involvement I was among the consumers whose personal and sensitive data was compromised in the XXXX Equifax data breach. Equifax failed to adequately protect my personal information, which includes my Social Security number, credit information, and other identifying details, resulting in significant exposure to potential identity theft and financial fraud. I believe that Equifaxs actions, or lack thereof, violated the protections afforded to me under the FCRA, particularly with regard to my right to privacy. \n\n2. Lack of Opt-Out Notice Additionally, at no point was I provided with an opt-out notice upon acquiring any of my accounts with various credit reporting agencies, as required by law. Under FCRA 604 ( c ) ( 1 ) ( A ), I should have been informed of my right to opt out of prescreened offers for credit or insurance. The failure to provide this notice constitutes a violation of my consumer rights under the FCRA. \n\n3. Lack of Consumer Consent Further, I have never given explicit consent for any credit reporting agency or other entities to access or distribute my credit report and personal information. Section 604 of the FCRA ( 15 U.S.C. 1681b ) outlines the permissible purposes for furnishing a consumer report, none of which were met in my case. I believe these agencies have improperly accessed and used my data without my consent, further compounding the breach of my privacy.\n\n4. Request for Deletion of Accounts Due to the unauthorized use of my personal information and the failure to provide opt-out notices, I am formally requesting that the following accounts be immediately deleted from my credit report. These accounts were either opened or accessed without my express consent, and their continued presence on my credit report constitutes a violation of my rights under the FCRA : XXXX ( XXXX ) - XXXX. # XXXX ( Closed XXXX ) XXXX XXXX IN - Balance : {$640.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX  XXXX Balance : {$730.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX XXXX - Balance : {$93.00} ( Original Creditor : Not Available ) - COLLECTIONS ( XXXX, XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( Closed XXXX ) 5. How Deletion Constitutes a Fair Resolution The removal of these accounts from my credit report would provide a fair resolution for several reasons : Restoration of Privacy : Deleting the offending accounts would rectify the unauthorized use and sharing of my personal information, restoring my right to privacy as mandated by the FCRA. Given that these accounts were either opened or accessed without my consent, their removal would prevent any further unauthorized use of my credit report. \n\nCorrection of Credit Report : Many of these accounts, particularly those arising from collections and financial management services, have likely negatively impacted my credit score. The deletion would help rectify any unjust damage done to my credit standing, which has resulted from actions I did not authorize or consent to. \n\nPrevention of Future Harm : By removing these accounts, it reduces the potential for identity theft or fraud, as leaving such accounts open can increase my vulnerability to further exploitation of my personal data. Equifaxs breach already exposed me to such risks, and account deletion would minimize further exposure.\n\nIn light of the above, I request an immediate investigation into these violations and seek appropriate remedial actions. This includes holding Equifax accountable for the mishandling of my personal data, ensuring that the necessary opt-out notices are issued, preventing further unauthorized access to my credit information, and the immediate deletion of all affected accounts from my credit report. \n\nI appreciate your attention to this matter and look forward to a timely resolution. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-03-05T18:02:48.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32792","tags":null,"has_narrative":true,"complaint_id":"12323776","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-03-05T18:02:17.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Equifaxs breach already exposed me to such <em>risks</em>, and account deletion would minimize further exposure.\n\nIn light of the above, I request an immediate investigation into these violations and seek appropriate remedial actions."]},"sort":[10.873981,"12323776"]},{"_index":"complaint-public-v1","_id":"14681147","_score":10.198459,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX : XX/XX/XXXX SSN ( Last XXXX ) : XXXX Subject : Formal Notice of Dispute Concerning Unauthorized Disclosures, Inaccurate Reporting, and FCRA Violations To Whom It May Concern : This correspondence serves as a formal demand for the immediate investigation and correction of material inaccuracies and unauthorized disclosures present in my consumer credit report maintained by your agency. Upon thorough review, I have identified multiple violations of my rights under the Fair Credit Reporting Act ( FCRA ), codified at 15 U.S.C.\n\n1681 et seq., and the Gramm-Leach-Bliley Act, particularly 15 U.S.C. 6802. \nI. Unauthorized Disclosure of Personal Information Pursuant to 15 U.S.C. 6802 ( b ) and 15 U.S.C. 1681b ( a ) ( 2 ), consumer reporting agencies are prohibited from sharing personal information with third parties absent clear, conspicuous disclosure and express written consent. I have not provided such consent for any disclosure of my personal data to third parties. Accordingly, I demand documentary evidence of my express written authorization. Failure to produce such documentation will constitute a de facto violation of federal law. \nXXXX. Federal Trade Commission Complaint Filed Due to the serious nature of these privacy violations and the unauthorized dissemination of my information, I have filed a formal complaint with the Federal Trade Commission ( Complaint No. XXXX ). Given the risk of potential identity theft arising from these violations, this matter is being treated with the utmost urgency. \nXXXX. Formal Demand for Deletion of Inaccurate Accounts In accordance with 15 U.S.C. 1681i ( a ), I hereby demand the deletion of the following inaccurately reported accounts from my credit file within XXXX ( XXXX ) business days : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX Balance {$3700.00} {$2700.00} {$130.00} {$380.00} {$220.00} {$30.00} {$0.00} [ Note : Additional incomplete entries must also be removed as they lack identifying details and reflect improper reporting. ] IV. Removal of Unauthorized Inquiries Pursuant to 15 U.S.C. 1681c-2, I request the immediate removal of the following unauthorized inquiries, all dated XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX These inquiries were made without my knowledge, consent, or permissible purpose as defined by law. \nV. Deletion of Inaccurate Address Records I dispute and demand removal of the following addresses, with which I have no verifiable connection XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX VI. Correction of Inaccurate Name Variations The following incorrect name variations must be permanently removed from my credit file : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Only my legal name, XXXX XXXX XXXX, should appear. \nXXXX. Request for Verification Documentation Under 15 U.S.C. 1681e ( b ), consumer reporting agencies are obligated to ensure maximum possible accuracy. Automated systems such as E-OSCAR do not meet this standard. I hereby request the following : XXXX. Certified copies of all documentation used to verify each disputed item. \nXXXX. Complete records of all communications with data furnishers, including the names, titles, and contact details of individuals involved, as well as dates of correspondence. \nXXXX. A notarized affidavit attesting to the authenticity and accuracy of the information being reported. \nFailure to comply within fifteen ( XXXX ) days from receipt of this notice will constitute willful noncompliance, at which point I will demand the immediate and permanent removal of all disputed items, pursuant to 15 U.S.C. 1681i.\n\nVIII. Reservation of Legal Rights Please be advised that I reserve all rights to initiate legal proceedings against your agency under 15 U.S.C. 1681n for statutory, actual, and punitive damages, attorneys fees, and any other relief available under the law should this matter remain unresolved. \nThank you for your prompt attention. I anticipate your full compliance in accordance with federal law. \nSincerely, XXXX XXXX XXXX","date_sent_to_company":"2025-07-16T23:34:16.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33033","tags":null,"has_narrative":true,"complaint_id":"14681147","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-07-16T23:25:13.000Z","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":["Given the <em>risk</em> of potential identity theft <em>arising</em> from these violations, this matter is being treated with the utmost urgency. \nXXXX."]},"sort":[10.198459,"14681147"]},{"_index":"complaint-public-v1","_id":"14678942","_score":10.198459,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX : XX/XX/XXXX SSN ( Last XXXX ) : XXXX Subject : Formal Notice of Dispute Concerning Unauthorized Disclosures, Inaccurate Reporting, and FCRA Violations To Whom It May Concern : This correspondence serves as a formal demand for the immediate investigation and correction of material inaccuracies and unauthorized disclosures present in my consumer credit report maintained by your agency. Upon thorough review, I have identified multiple violations of my rights under the Fair Credit Reporting Act ( FCRA ), codified at 15 U.S.C.\n\n1681 et seq., and the Gramm-Leach-Bliley Act, particularly 15 U.S.C. 6802. \nI. Unauthorized Disclosure of Personal Information Pursuant to 15 U.S.C. 6802 ( b ) and 15 U.S.C. 1681b ( a ) ( 2 ), consumer reporting agencies are prohibited from sharing personal information with third parties absent clear, conspicuous disclosure and express written consent. I have not provided such consent for any disclosure of my personal data to third parties. Accordingly, I demand documentary evidence of my express written authorization. Failure to produce such documentation will constitute a de facto violation of federal law. \nXXXX. Federal Trade Commission Complaint Filed Due to the serious nature of these privacy violations and the unauthorized dissemination of my information, I have filed a formal complaint with the Federal Trade Commission ( Complaint No. XXXX ). Given the risk of potential identity theft arising from these violations, this matter is being treated with the utmost urgency. \nXXXX. Formal Demand for Deletion of Inaccurate Accounts In accordance with 15 U.S.C. 1681i ( a ), I hereby demand the deletion of the following inaccurately reported accounts from my credit file within XXXX ( XXXX ) business days : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX Balance {$3700.00} {$2700.00} {$130.00} {$380.00} {$220.00} {$30.00} {$0.00} [ Note : Additional incomplete entries must also be removed as they lack identifying details and reflect improper reporting. ] IV. Removal of Unauthorized Inquiries Pursuant to 15 U.S.C. 1681c-2, I request the immediate removal of the following unauthorized inquiries, all dated XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX These inquiries were made without my knowledge, consent, or permissible purpose as defined by law. \nV. Deletion of Inaccurate Address Records I dispute and demand removal of the following addresses, with which I have no verifiable connection XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX VI. Correction of Inaccurate Name Variations The following incorrect name variations must be permanently removed from my credit file : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Only my legal name, XXXX XXXX XXXX, should appear. \nXXXX. Request for Verification Documentation Under 15 U.S.C. 1681e ( b ), consumer reporting agencies are obligated to ensure maximum possible accuracy. Automated systems such as E-OSCAR do not meet this standard. I hereby request the following : XXXX. Certified copies of all documentation used to verify each disputed item. \nXXXX. Complete records of all communications with data furnishers, including the names, titles, and contact details of individuals involved, as well as dates of correspondence. \nXXXX. A notarized affidavit attesting to the authenticity and accuracy of the information being reported. \nFailure to comply within fifteen ( XXXX ) days from receipt of this notice will constitute willful noncompliance, at which point I will demand the immediate and permanent removal of all disputed items, pursuant to 15 U.S.C. 1681i.\n\nVIII. Reservation of Legal Rights Please be advised that I reserve all rights to initiate legal proceedings against your agency under 15 U.S.C. 1681n for statutory, actual, and punitive damages, attorneys fees, and any other relief available under the law should this matter remain unresolved. \nThank you for your prompt attention. I anticipate your full compliance in accordance with federal law. \nSincerely, XXXX XXXX XXXX","date_sent_to_company":"2025-07-16T23:34:18.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33033","tags":null,"has_narrative":true,"complaint_id":"14678942","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-07-16T23:33:46.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Given the <em>risk</em> of potential identity theft <em>arising</em> from these violations, this matter is being treated with the utmost urgency. \nXXXX."]},"sort":[10.198459,"14678942"]},{"_index":"complaint-public-v1","_id":"17348215","_score":10.155732,"_source":{"product":"Mortgage","complaint_what_happened":"IMMINENT HARM NewRez LLC d/b/a Shellpoint Mortgage Servicing Attn : General Counsel / Litigation Department XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX \nAttn : General Counsel / Chief Legal Officer Re : Renewed Litigation Hold & Preservation of Evidence Notice Loan No. : XXXX | Property : XXXX XXXX XXXX, XXXX, TN XXXX Borrower : XXXX XXXX ( XXXX XXXX P & T XXXX Veteran, VA Loan ) To Counsel and Compliance : This letter serves as a renewed, expanded, and formal LITIGATION HOLD / PRESERVATION OF EVIDENCE NOTICE. \n\nIt is being issued because you improperly closed a prior RESPA Notice of Error and related disputes as duplicate without providing the investigation, written findings, or corrections required by law, and despite your actual knowledge that the account is in active dispute, that regulatory complaints are pending, and that litigation and enforcement are reasonably anticipated. \n\nYour decision to treat a lawful error notice and legal hold as duplicate is evidence of willful disregard of your preservation obligations and will be presented as such to courts and regulators. \n\n\n\nI. Background : Prior Legal Hold & RESPA Notice Ignored XXXX. I previously issued a RESPA Notice of Error under 12 C.F.R. 1024.35 and explicitly placed you on notice that : the loan ledger is corrupted ; unapplied funds were used to manufacture delinquency ; a false XX/XX/XXXX default / pre-foreclosure notice was issued ; call recordings contain admissions that only {$750.00} was due while you held {$12000.00} in unapplied ; and a complaint and investigation were pending with the Consumer Financial Protection Bureau ( CFPB ) and the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. \nXXXX. I also made clear that litigation and enforcement were reasonably anticipated and that all relevant evidence must be preserved. \nXXXX. Rather than comply, you : caused at least XXXX RESPA Notice of Error to be closed as duplicate ; failed to provide a compliant written response under 12 C.F.R. 1024.35 ( e ) ; and continued using corrupted data to threaten foreclosure and assess fees. \n\nThis conduct signals a conscious attempt to dodge legal and regulatory obligations, not a good-faith response to a borrower error notice. \n\nFor avoidance of doubt : this letter renews and broadens the litigation hold. \n\n\n\nXXXX. Duty to Preserve Litigation & Enforcement Are Reasonably Anticipated There is no question that you are on notice of potential litigation and regulatory action. Among other things : Multiple RESPA Notices of Error and RFIs have been submitted. \nNumerous CFPB complaints have been filed, including but not limited to XXXX and related complaint numbers. \nXXXX has opened a complaint and received your XX/XX/XXXX response letter regarding my loan. \nThe loan involves a XXXX mortgage to a 100 % permanent & total XXXX veteran facing wrongful foreclosure threats. \nYou issued a pre-foreclosure notice while holding substantial funds in unapplied status. \nI have explicitly raised claims under RESPA, Regulation X, FDCPA, FCRA, Dodd-Frank UDAAP , Tennessee consumer-protection law, VA servicing standards, and potential securities/controls issues at the Rithm level. \n\nUnder well-established spoliation doctrine and federal law, including Fed. XXXX XXXX. P. XXXX, XXXX, and XXXX ( XXXX ) and cases such as XXXX XXXX XXXX XXXX XXXX, XXXX F.R.D. XXXX ( S.D.N.Y. XXXX ), and XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), your duty to preserve evidence arises when litigation is reasonably anticipated, not when a complaint is actually filed in court. \n\nThat standard has been met several times over. \n\n\n\nXXXX. Scope of the Litigation Hold What Must Be Preserved Effective immediately, you are directed to suspend all routine and ad hoc destruction, overwriting, or alteration of any materials potentially relevant to : my loan ( Loan No. [ XXXX ] ), your servicing systems and practices, and your responses to regulators and investors. \n\nThis includes, without limitation : XXXX. Loan-Level Records & Ledgers Full payment history for my account from XX/XX/XXXX to present, including every version of the ledger ( before and after any reversals, adjustments, or modifications ). \nAll records of unapplied/suspense funds, reversals, and reclassifications. \nAll escrow analyses and escrow transaction histories. \nXXXX. Default, Foreclosure, & Collection Activity Copies ( and system templates ) of all default, acceleration, and pre-foreclosure notices, including the XX/XX/XXXX letter. \nInternal notes, workflows, and servicing system entries related to any decision to code my loan as delinquent or refer it to foreclosure. \nAll property inspection requests, invoices, and reports ; all entries for inspection fees or property-preservation fees. \nXXXX. Call Recordings, Transcripts, and Internal Notes Audio recordings and/or transcripts of all calls with me and with XXXX XXXX referencing this loan, especially the calls on and around : XX/XX/XXXX XX/XX/XXXX calls quoting conflicting payment amounts XXXX XXXX XXXX calls about unapplied funds and property inspections All internal agent notes, servicing comments, and escalation logs tied to those calls. \nXXXX. Compliance, Risk, Audit, and Complaint Files All internal complaint files, including CFPB, XXXX, and internal case or ticket systems related to my account. \nAny internal audits, QA reviews, risk assessments, or root cause analyses addressing unapplied funds, false delinquency, XXXX servicing, or duplicative/erroneous default notices. \nAll documents relating to your decision to mark my RESPA Notice of Error and complaints as duplicate. \nXXXX. Policies, Procedures, & System Documentation Servicing policies/procedures for : unapplied funds, suspense accounts, default/foreclosure initiation, VA-loan handling, property inspections, escrow analysis, and RESPA Notices of Error. \nSystem documentation or vendor contracts for platforms used to service my loan ( payment processing systems, collections platforms, dialer/phone systems, recording systems, document-generation platforms, etc. ). \nXXXX. Emails & ESI ( Electronically Stored Information ) Emails, chat messages, Teams/Slack messages , and other ESI among employees, managers, compliance staff, and executives concerning : my loan, unapplied funds and payment reversals, my CFPB and XXXX complaints, treatment of my prior legal hold notices, instructions on how to respond to my RESPA notices XXXX and decision-making about closing items as duplicate. \nCommunications with any outside counsel or vendors, including but not limited to foreclosure counsel, collection agencies, sub-servicers, and XXXX corporate/legal. \nXXXX. Rithm / NewRez XXXX Shellpoint / Investor-Level Communications Communications between NewRez/Shellpoint and XXXX XXXX XXXX relating to my loan, similar loans, unapplied funds policies, or handling of XXXX accounts. \nAny communications referencing my complaints, my CFPB activity, or my status as a XXXX XXXX P & T XXXX veteran. \n\nThis preservation requirement extends to all locations where such information may be stored, including on-premises servers, cloud systems, laptops, mobile devices, backup tapes, archives, and XXXX-party vendors. \n\n\n\nIV. Closing Prior Matters as Duplicate Does NOT Extinguish Your Legal Hold Obligations Your recent behavior, including : closing prior RESPA Notices of Error as duplicate, issuing non-substantive CFPB responses, and refusing to provide a compliant written RESPA response, does not terminate or diminish your duty to preserve evidence. \n\nTo the contrary, it will be argued as proof of willful noncompliance and bad-faith spoliation risk, including : an attempt to avoid creating a discoverable paper trail of your errors ; a pattern of dodging Regulation X obligations ; and deliberate efforts to minimize documentary exposure while continuing harmful servicing conduct. \n\nAny destruction or alteration of relevant data after receipt of this letter will be treated as knowing spoliation and cited in support of : adverse inference instructions, evidentiary preclusion, monetary sanctions, and expanded damages claims. \n\n\n\nXXXX Confirmation of Hold & Point of Contact Within 14 days of receipt of this letter, please : XXXX. Confirm in writing that a litigation hold has been implemented, XXXX. Identify the individual ( XXXX ) responsible for coordinating your response and preservation efforts, and XXXX. Confirm that routine deletion, overwriting, and data-retention schedules have been suspended as to all categories identified in XXXX XXXX. \n\nFailure to confirm will not relieve you of your obligations ; it will only strengthen the argument that any loss of evidence was willful or reckless. \n\n\n\nVI. Reservation of Rights Nothing in this letter waives any rights or remedies I may hold under : RESPA / Regulation X ( 12 U.S.C. 2605 ; 12 C.F.R. pt. 1024 ), FDCPA ( 15 U.S.C. 1692 et seq. ), FCRA ( 15 U.S.C. 1681 et seq. ), Dodd-Frank UDAAP ( 12 U.S.C. 5531, 5536 ), VA servicing rules and related regulations, Tennessee state law, or any other applicable federal or state law, including securities-related obligations at the XXXX level. \n\nAll rights are expressly reserved, including seeking sanctions for spoliation if you fail to honor this legal hold.","date_sent_to_company":"2025-11-19T12:57:42.000Z","issue":"Trouble during payment process","sub_product":"VA mortgage","zip_code":"37066","tags":"Servicemember","has_narrative":true,"complaint_id":"17348215","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Shellpoint Partners, LLC","date_received":"2025-11-19T12:52:17.000Z","state":"TN","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Payment process"},"highlight":{"complaint_what_happened":["XXXX Confirmation of Hold & <em>Point</em> of Contact Within 14 days of receipt of this letter, please : XXXX. Confirm in writing that a litigation hold has been implemented, XXXX. <em>Identify</em> the individual ( XXXX ) responsible for coordinating your response and preservation efforts, and XXXX. Confirm that routine deletion, overwriting, and data-retention schedules have been suspended as to all categories <em>identified</em> in XXXX XXXX."]},"sort":[10.155732,"17348215"]},{"_index":"complaint-public-v1","_id":"19109618","_score":10.054225,"_source":{"product":"Mortgage","complaint_what_happened":"Complaint Narrative I am submitting this complaint to request regulatory review of Wells Fargos mortgage servicing conduct during a refinance inquiry, subsequent loss mitigation review, and internal complaint investigation. The issues described below reflect systemic failures in borrower communication, servicing oversight, and complaint handling that resulted in significant and foreseeable consumer harm. \n\nIn XX/XX/year>, following a documented reduction in income, I proactively contacted Wells Fargo to seek guidance on maintaining affordability and avoiding delinquency. At that time, my account was current and my monthly payment was approximately XXXX XXXX XXXX dollars. I sought assistance precisely because I am not a financial professional and reasonably relied on Wells Fargo, as the loan servicer and institutional expert, to provide accurate and complete information regarding its processes. \n\nDuring my initial recorded call in XX/XX/year> with a Wells Fargo refinance representative, I was provided guidance regarding how the refinance process would proceed and what actions were required during review. Wells Fargo has since asserted that I remained solely responsible for making contractual payments regardless of refinance review status. However, Wells Fargo failed to clearly, affirmatively, and consistently communicate this requirement in a manner sufficient to prevent borrower reliance on incomplete or misleading information. No written clarification, follow up notice, or corrective communication was provided during the months long review period despite multiple points of contact. \n\nWells Fargo accepted an approximately XXXX XXXX dollar refinance related payment, verified my employment including supervisor contact, repeatedly requested documentation, and allowed the process to advance as though approval remained viable. At no point was I informed that failure to continue payments would automatically result in denial, nor was I advised that investor or underwriting guidelines rendered approval impossible. The denial was communicated only moments before a scheduled closing. This sequence reflects a breakdown in Wells Fargos internal review controls and failure to provide material information necessary for an informed borrower decision.\n\nWells Fargos position that responsibility rested entirely with the borrower disregards the servicers obligation to provide accurate, complete, and non misleading guidance during complex servicing interactions. A reasonable servicer exercising ordinary care would have identified the risk of borrower reliance and taken corrective action well before harm occurred. Wells Fargo had repeated opportunities to clarify requirements, pause the process, or issue written warnings. It did none of these things. \n\nAdditionally, Wells Fargo instructed me to obtain payoff statements for other debts and to preserve balances during payoff periods, actions that are standard within refinance workflows. Wells Fargo now attributes the resulting credit damage solely to borrower conduct while failing to acknowledge that these actions occurred within the framework of Wells Fargos own process and instructions. The cumulative result was a credit score reduction exceeding XXXX XXXX points. \n\nAfter the refinance denial, I immediately attempted to mitigate harm by applying for mortgage assistance. Rather than providing relief consistent with hardship standards, Wells Fargo proposed a payment increase of nearly XXXX XXXX dollars per month. Wells Fargo has not explained how increasing a payment constitutes assistance, affordability, or loss mitigation, nor how this outcome aligns with consumer protection principles. My attempt to stabilize the account directly worsened my financial position. \n\nIn XX/XX/year>, as my vehicle faced repossession and my home received a foreclosure notice, I again sought assistance. The response I received focused on retrospective blame rather than resolution, reinforcing a pattern of servicing conduct that prioritizes fault shifting over corrective action. \n\nI also submitted a discrimination complaint regarding my treatment during this process. Wells Fargo assigned the investigation to the same individual whose conduct was the subject of the complaint. This represents a clear conflict of interest and undermines the independence, credibility, and adequacy of the investigation. The review narrowly focused on the assertion that I should have continued making payments, while failing to examine whether Wells Fargo provided accurate guidance, timely disclosures, or adequate safeguards against XXXX XXXX. \n\nI requested a copy of the XX/XX/year> recorded call that would resolve material factual disputes regarding the guidance provided. Wells Fargo refused to provide the recording while simultaneously denying the substance of the guidance given. This refusal impairs transparency and prevents meaningful dispute resolution. \n\nThe property securing this loan has substantial equity, with an approximate value of XXXX XXXX XXXX XXXX dollars and an outstanding balance of approximately XXXX XXXX dollars. The hardship described herein did not arise from unwillingness to pay, but from Wells Fargos failure to provide accurate, complete, and timely servicing guidance, failure to implement effective internal controls, and failure to conduct an impartial complaint review. \n\nI am requesting that the CFPB review Wells Fargos mortgage servicing practices for potential unfair, deceptive, or abusive acts or practices, evaluate its borrower communication standards, assess its complaint investigation procedures for conflicts of interest, and require corrective action to remedy the consumer harm caused by these failures.","date_sent_to_company":"2026-01-29T19:19:00.000Z","issue":"Applying for a mortgage or refinancing an existing mortgage","sub_product":"Home equity loan or line of credit (HELOC)","zip_code":"125XX","tags":null,"has_narrative":true,"complaint_id":"19109618","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2026-01-29T18:59:16.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Confusing or misleading advertising or marketing"},"highlight":{"complaint_what_happened":["A reasonable servicer exercising ordinary care would have <em>identified</em> the <em>risk</em> of borrower reliance and taken corrective action well before harm occurred. Wells Fargo had repeated opportunities to clarify requirements, pause the process, or issue written warnings. It did none of these things. \n\nAdditionally, Wells Fargo instructed me to obtain payoff statements for other debts and to preserve balances during payoff periods, actions that are standard within refinance workflows."]},"sort":[10.054225,"19109618"]},{"_index":"complaint-public-v1","_id":"18206861","_score":9.035672,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I serve as Attorney-in-Fact for XXXX XXXX. XXXX under a valid Limited Power of Attorney. Pursuant to Maryland Estates & Trusts 17-113, I am obligated to act with care, competence, diligence, loyalty, and exclusively in the best interests of my principal. \nAlly Financial Inc. is a creditor and furnisher as defined in 15 U.S.C. 1681s-2. Ally Financial Inc. is the current holder and assignee of a Retail Installment Sale Contract executed by XXXX XXXX. XXXX on XX/XX/XXXX for the purchase of a XXXX XXXX XXXX ( XXXX : XXXX ) from XXXX XXXX XXXX XXXX of XXXX ( XXXX XXXX XXXX XXXX, XXXX, VA XXXX ). The contract reflects an Amount Financed of {$67000.00}, a Finance Charge of {$41000.00}, a Total of Payments of {$100000.00}, and 72 monthly payments of {$1500.00} beginning XX/XX/XXXX. Ally Financial Inc. reports this account to XXXX XXXX XXXX XXXX XXXX XXXX \nCURRENT FURNISHING ACTIVITY As of the date of this complaint, Ally Financial Inc. is actively furnishing Account No. XXXXXXXX XXXX XXXX XXXX XXXX  to consumer reporting agencies. The tradeline is reported with a current balance of {$44000.00}, a past-due amount of {$4000.00}, and a payment status of \" Late 90 Days. '' The most recent XXXX XXXX transmission occurred on or about XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \nThe Retail Installment Sale Contract contains the mandatory FTC Holder Rule notice required by 16 C.F.R. 433.2, which states : \" NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. '' This notice preserves all consumer defenses against Ally Financial Inc. as assignee.\n\nDEALER MISCONDUCT AND ORIGINATION CONTAMINATION The XX/XX/XXXX Retail Installment Sale Contract was originated as a consumer sale, not a loan. Under Virginia retail installment sales law and the Federal Trade Commission Holder Rule, the seller 's conduct at origination is determinative of the contract 's legal validity and enforceability, and any assignee takes the contract subject to all claims and defenses arising from that conduct. \nXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX as seller-creditor, did not independently determine creditworthiness, pricing, or approval terms. Instead, the Dealer relied upon XXXX or XXXX credit scores generated through third-party credit reporting infrastructure to approve the transaction, assign a risk tier, and establish the finance charge and total cost of credit reflected in the contract. \nThose credit scores were not neutral informational tools. They were revenue-producing derivative products created through the monetization of the buyer 's personal identifying information and sold to merchants and finance companies for underwriting purposes. The Dealer 's use of those scores constituted a material component of the transaction and directly controlled whether the sale would occur and on what terms. \nAs detailed below, the XXXX and XXXX scoring systems were derived from contracts executed by legally nonexistent entities and were therefore void ab initio. The Dealer 's reliance on those scores rendered the underwriting process unlawful at inception and caused the Dealer to present and execute a Retail Installment Sale Contract whose approval, pricing, and disclosures were based on identity-derived data generated without lawful authority.\n\nBecause the underwriting defect occurred at the point of sale, it is non-curable. No subsequent assignment, servicing, payment history, or performance can remedy an origination defect rooted in unlawful identity monetization and void scoring infrastructure. The resulting contract was never lawfully underwritten as a consumer credit obligation. \nAlly Financial Inc., as assignee, acquired no greater rights than the Dealer possessed. Under the FTC Holder Rule, 16 C.F.R. 433.2, and Virginia law governing retail installment sales, Ally Financial Inc. took the contract subject to all claims and defenses arising from the Dealer 's misconduct, including the unlawful use of void credit scoring systems to originate the transaction. \nAccordingly, Ally Financial Inc. can not lawfully enforce, service, collect upon, or furnish information relating to a Retail Installment Sale Contract whose approval and pricing were contaminated at inception by identity theft and void underwriting infrastructure.\n\nTHE EVIDENCE OF NULLITY The Retail Installment Sale Contract is void ab initio as a consumer credit obligation. The original contract was underwritten using XXXX or XXXX credit scoringinfrastructure derived from void contracts with a legally defunct corporation. The evidence is as follows : On XX/XX/XXXX, XXXX XXXX XXXX formally reserved the name \" XXXX XXXX XXXX' with the Georgia Secretary of Statea preemptive action demonstrating clear evidence of premeditation to evade legal accountability for mounting FTC antitrust charges. \nOn XX/XX/XXXX, XXXX XXXXXXXX was incorporated in Georgia as a separate entitya deliberate act by Retail Credit Company to manipulate the corporate record and fabricate a false appearance of continuity. This incorporation was never intended to operate independently but to act as a placeholder for RCC 's later filings. \nOn XX/XX/XXXX, Retail Credit Company amended its Articles of Incorporation to adopt the name \" XXXX XXXX '' a superficial rebranding designed to distance the company from its tarnished reputation. \nOn the same day, XX/XX/XXXX, the XX/XX/XXXX XXXX XXXX XXXXXXXX ( the separate entity incorporated 11 months earlier ) changed its name to \" Retail Credit Company. '' This contradictory and circular name swap created two conflicting corporate identities existing in tandemfor a split second on XX/XX/XXXX, XXXX entities were both called \" XXXX XXXX XXXX  simultaneouslyan unlawful duplication of names in direct violation of Georgia Business Corporation Code 22-301 ( c ) ( XXXX ), which required that corporate names \" be distinguishable upon the records of the Secretary of State from the name of any other corporation. '' Both filings falsely certified under 22-302 ( a ) ( 2 ) ( 1975 ) that the name was \" available for use. '' Under 22-504 ( a ) ( 1975 ), any charter \" issued or any action taken by the Secretary of State in reliance upon any false, misleading or fraudulent statement or certificate filed with him shall be null and void ab initio . '' The Secretary of State accepted both amendments. Both charters became null and void ab initio the instant the second filing was accepted. From December 30, 1975 forward, there has been no lawful Georgia entity named \" XXXX XXXX '' capable of entering contracts. Under 22-1421 ( a ) ( now recodified as O.C.G.A. 14-2-401 and 14-2-501 ), a dissolved or non-existent corporation can not lawfully contract. \nOn XX/XX/XXXXXXXX XXXX XXXX XXXXd XXXX XXXX XXXX executed the Analytic Products and Services Master Contract ( Contract No. XXXX ). This agreement authorized XXXX XXXX to create and market consumer scoring products using XXXX XXXX  credit bureau database. The contract granted XXXX XXXX direct access to XXXX XXXX entire credit file system, including trade line data, inquiry data, public records, and demographic information. \nThe defect : By XXXXXXXX XXXX XXXX  corporate existence was already nullified by the unlawful name-swapping on XX/XX/XXXX. There was no lawful Georgia entity named XXXX XXXX XXXX XXXX capable of entering contracts. The XXXX agreement was XXXX XXXX XXXX. \nIn XXXX, XXXX XXXX unveiled the generic credit bureau model that became the industry standardseparately branded as Beacon for XXXX XXXX for XXXX XXXX XXXX, and the XXXX XXXX XXXX XXXX risk rankings into numbers ranging from XXXX to XXXX. This deployment propagated the void XXXX contract across all three major credit reporting agencies, establishing the XXXX scoring range as the universal standard for consumer creditworthiness assessment. Every lender, every auto dealer, every finance company adopted this scoring system derived from XXXX XXXX XXXX 's void XXXX contract with the legally defunct XXXX XXXX \nOn XX/XX/XXXX, the XXXX major credit reporting agencies created XXXX XXXX XXXX XXXX XXXX XXXX File Number XXXX ) with XXXX  XXXX XXXX XXXX ( 25 % ), XXXX XXXXXXXX XXXX XXXX ( 25 % ), XXXX XXXX XXXX ( 25 % ), and XXXX XXXX XXXX XXXX ( 25 % ) as owners. Under 6 Del. C. 18-201, OLDE 's formation was void ab initio because XXXX XXXXXXXX XXXX XXXX XXXX not legally exist. XXXX serves as the managing entity for e-XXXX  the centralized platform processing all consumer disputes under FCRA. \nOn XX/XX/XXXXXXXX XXXX  XXXX XXXX XXXX and XXXX XXXX XXXX formed XXXX XXXX XXXX ( Delaware File Number XXXX ). XXXX 's third purported owner, \" XXXX XXXX XXXX XXXX XXXX never lawfully existed. Under 6 Del. C. 18-201, an LLC must be formed by valid members. XXXX 's formation was void ab initio.\n\nThe acquisition, use, and monetization of XXXX XXXX. XXXX 's personal identifiersSocial Security number, legal name, address, and historical payment datafor the purpose of generating and selling XXXX and XXXX credit scores constitutes the unlawful appropriation of identity to create a thing of value. This conduct meets the definition of identity theft under 18 U.S.C. 1028 ( a ) ( 7 ). XXXX XXXX. XXXX 's identity was used to fabricate a financial instrument that continues to generate revenue through monthly payments, interest charges, and potential securitization cash flows.\n\nDOCUMENT PRESERVATION AND RESTITUTION NOTICE Ally Financial Inc. is directed to preserve, without alteration, all records, communications, metadata, origination documentation, underwriting files, credit scoring data, assignment documentation from XXXX XXXX XXXX XXXX XXXX XXXXXXXX, payment histories, collection activity logs, and chain-of-custody materials relating to this contract and any credit reporting furnished to consumer reporting agencies. \nUnder Virginia Code 8.01-243.1 and principles of unjust enrichment, when a contract is void ab initio due to fraudulent underwriting, all payments made under that void obligation are recoverable. The buyer is entitled to complete restitution of all funds paidprincipal, interest, fees, and penaltiesduring the period Ally Financial Inc. has held this void instrument.","date_sent_to_company":"2025-12-21T17:47:11.000Z","issue":"Problems at the end of the loan or lease","sub_product":"Loan","zip_code":"20019","tags":null,"has_narrative":true,"complaint_id":"18206861","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ALLY FINANCIAL INC.","date_received":"2025-12-21T17:05:14.000Z","state":"DC","company_public_response":null,"sub_issue":"Problem with paying off the loan"},"highlight":{"complaint_what_happened":["Under the FTC Holder Rule, 16 C.F.R. 433.2, and Virginia law governing retail installment sales, Ally Financial Inc. took the contract subject to all claims and defenses <em>arising</em> from the Dealer 's misconduct, including the unlawful use of void credit scoring systems to originate the transaction."]},"sort":[9.035672,"18206861"]},{"_index":"complaint-public-v1","_id":"6133616","_score":8.850933,"_source":{"product":"Debt collection","complaint_what_happened":"15 U.S. Code 1681c ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.\n\n( 2 ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.\n\n( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.\n\n( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.\n\n( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.\n\n( 6 ) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless ( A ) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or ( B ) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.\n\n( 7 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a XXXX XXXX debt if the date on which the hospital care, medical services, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.\n\n( 8 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a fully paid or settled veterans medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.\n\n( b ) Exempted cases The provisions of paragraphs ( 1 ) through ( 5 ) of subsection ( a ) are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more.\n\n( c ) Running of reporting period ( 1 ) In general The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.\n\n( 2 ) Effective date Paragraph ( 1 ) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after XX/XX/XXXX. \n\n( d ) Information required to be disclosed ( 1 ) Title 11 information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11 shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11 is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.\n\n( 2 ) Key factor in credit score information Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor ( as defined in section 1681g ( f ) ( 2 ) ( B ) of this title ) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.\n\n( e ) Indication of closure of account by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 4 ) of this title that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.\n\n( f ) Indication of dispute by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 3 ) of this title that information regarding a consumer who [ 1 ] was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.\n\n( g ) Truncation of credit card and debit card numbers ( 1 ) In general Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.\n\n( 2 ) Limitation This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card.\n\n( 3 ) Effective date This subsection shall become effective ( A ) 3 years after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before XX/XX/XXXX ; and ( B ) 1 year after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after XX/XX/XXXX. \n( h ) Notice of discrepancy in address ( 1 ) In general If a person has requested a consumer report relating to a consumer from a consumer reporting agency described in section 1681a ( p ) of this title, the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy.\n\n( 2 ) Regulations ( A ) Regulations required The Bureau shall,, [ 2 ] in consultation with the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission,, [ 2 ] prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph ( 1 ).\n\n( B ) Policies and procedures to be included The regulations prescribed under subparagraph ( A ) shall describe reasonable policies and procedures for use by a user of a consumer report ( i ) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and ( ii ) if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established.","date_sent_to_company":"2022-10-26T15:24:35.000Z","issue":"Threatened to contact someone or share information improperly","sub_product":"Medical debt","zip_code":"136XX","tags":null,"has_narrative":true,"complaint_id":"6133616","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Central Service Bureau, Inc.","date_received":"2022-10-26T15:18:14.000Z","state":"NY","company_public_response":null,"sub_issue":"Contacted you instead of your attorney"},"highlight":{"complaint_what_happened":["( d ) Information required to be disclosed ( 1 ) Title 11 information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that <em>arises</em> under title 11 shall include in the report an identification of the chapter of such title 11 under which such case <em>arises</em> if provided by the source of the information."]},"sort":[8.850933,"6133616"]},{"_index":"complaint-public-v1","_id":"6296648","_score":8.66835,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"Consumer Protection Financial Bureau (CFPB)\n1700 G Street NW Washington, D.C. 20038 United States\nThis is to complain against the Truist Financial Corporation\nURGENCY: HIGH IMPORTANCE: HIGH\n[WITHOUT PREJUDICE]\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX  XXXX, XXXX   I wish to practice my right as a customer of Truist Financial Corporation to use your organisation's service, seeking a formal, impartial investigation to amicably settle my dispute XXXX XXXX XXXX  with Truist Financial Corporation.\nIn order to clear up the myriad of letters and correspondences I have hitherto sent to Truist Financial Corporation respecting my complaint, I believe it will substantially strengthen both my case and your understanding, by taking a deeper look at the happenings of my case and analysing the relevant facts in an objective and comprehensive fashion.\nIt is crucial to note that I have been manipulated, socially engineered, and coerced to engage these fraudulent criminals. Much to my embarrassment, I recognize that I am the victim of an investment scam.\nMy complaint to the CFPB has arisen as I do not consider, by any stretch of the imagination, the conduct of Truist Financial Corporation to be commensurate with their legal role and responsibility to their customers. They sell a service to look after their customers, protect their money, and are a financial institution that maintains a traditional relationship and way of working with its customers.\nDuring the complaints process with Truist Financial Corporation, I found their communication ineffective, which further hides their conduct from management and diminishes the service offered to their clients. They are struggling to adapt their business offering in the ever-changing world of IT development. The internet is presenting a real problem that they choose to manage in a way that is not in line with the rules and regulations of CFPB as well as their own internal policy and procedures sold to their clients.\n\nGeneral Obligation:\nCommencing on or around XXXX XXXX XXXX, I fell victim to a multi-layered scam operation run by XXXX  which involved me making deposits for a total amount of XXXX XXXX from my Truist Financial account to fraudulent investment firm.\nWhen determining whats reasonable and fair, we should focus on the issue of liability; common queries include, but are not limited to, the following (i) whether Truist Financial Corporation did not take notice of any rule, law, or regulation, and/or possibly missed any material elements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my financial safety; (ii) whether by virtue of Truist Financial Corporations custodianship over my funds or by its control over them, they owed a fiduciary duty to the me and if so, whether that duty was breached; (iii) whether Truist Financial Corporation promoted the transaction(s) in question despite being aware of the nature of the transaction(s) in question (iv) whether Truist Financial Corporation was in compliance with its own policies and procedures; (v) whether Truist Financial Corporation owed duties to myself, what the scope of those duties was, and whether Truist Financial Corporation did not uphold those duties; (vi) whether Truist Financial Corporations conduct was unfair; and (vii) whether Truist Financial Corporation has within its power the ability to, and should, compensate me for the harm that has befallen me.\nUpon identification of such unusual or suspicious activity, it is crucial that the relevant staff member adequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent and nature of this activity, and properly communicate to the customer that such activity meets the relevant criteria of fraud.\nIn providing its services to a customer, a financial institution is required by law to exercise the care and skill of a diligent, prudent banker. In this case, this means that the payment service provider should not turn a blind eye to known facts pointing to a real possibility that their customer is being scammed. In other words, Truist Financial Corporation must have had special knowledge of what was occurring or been alerted to a real possibility of fraud taking place. The financial institution must have known or reasonably ought to have known that I was dealing with a scammer.\nGranted, there is room for diversity of view insofar as reasonableness is concerned. Indeed, there is a sense in which the standard of care of the reasonable person involves in its application a subjective element.\nHowever, it must be remembered that the correct test is always reasonable care in all circumstances, not average care. The fact that most people behave in a certain way may be good evidence that the conduct is reasonable, but this is not necessarily the case. Although reasonableness is a very fluid concept, all of the evidence suggests that Truist Financial Corporation did not foresee the fraud and disregarded even the most obvious dangers in this respect.\nSituations do tend to repeat themselves and it is advisable to examine previous outcomes to see how the standard of the reasonable person should be applied, and that lessons can be learned from the errors of the past.\n \nTruist Financial Corporations Position:\nOn XXXX XXXX XXXX Truist Financial Corporation wrote in a letter: Based on our investigation, Truist denies your claim for reimbursement because our investigation reveals the activity/transaction(s) was authorized.\nOn XXXX XXXX XXXX, Truist Financial Corporation wrote in a letter: You have advised that you were a victim of fraud... The information was keyed according to the Outgoing Wire Transfer Request Agreement, which you confirmed and signed.\nRefuting Truist Financial Corporations arguments from a purely logical perspective:\nTruist Financial Corporations position is that the features of the situation at hand do not generate a genuine obligation to protect innocent and helpless victims; they are essentially arguing that common-sense-based approaches are doomed to fail, leaving their exclusively technical account of the subject matter as the only meaningful choice. For reasons which are unclear, this extremely serious situation barely gets the attention it deserves even though ample evidence has been offered in support of this complaint.\nIn Truist Financial Corporations view, it is implied that we should not home in (and consequently rely on) unwritten laws, practicality, good judgment, reasonableness, sharpness, sensibleness, past outcomes, and insight when taking appropriate precautions. To underscore, once again, such views are at odds with common sense and are wildly irresponsible.\nImagine a view according to which the one and only thing that can make Truist Financial Corporation morally obligated to do something is having it written down somewhere. Pursuant to this view, if Truist Financial Corporation encounters the suffering of totally naive victims, they are only obligated to intervene in or remedy the situation, to the degree required by written material. This is unbecoming for a reputable establishment such as Truist Financial Corporation.\nI have reviewed the material hereto sent by Truist Financial Corporation carefully, and it, unfortunately, provides no response to my fundamental argument concerning the degree of care. Given its size, influence, and the resources at its disposal, this establishment clearly had a far greater capacity than an individual such as myself had, to determine the level and likelihood of risk that a client such as myself is subjected to and had a duty to intervene as they now do to query in particular out-of-pattern transactions of this kind.\nIt is perfectly obvious that Truist Financial Corporation, inadvertently, employs a subtle approach in addressing some of the key questions in a manner that neither provides me with adequate support nor protects anything other than its own interests.\nIt is Truist Financial Corporation here, who has the burden of proof, to show that it has exercised the duty of care, that is to say, that Truist Financial Corporation adhered to a standard of reasonable care in relation to the matter at issue given its extensive experience compared to mine. It is Truist Financial Corporation that claims that the damages which I have suffered in connection to this matter have not been reasonably foreseeable and that my proposed degree of care is not, and has not been, commensurate with Truist Financial Corporations capacity, experience, expertise, or scope of services in any way. To re-emphasize, Truist Financial Corporations indisputable overriding purpose is by no means to purely execute transactions in a blind and blank fashion, but rather to strike a balance between executing those transactions\n  \nand capitalizing on its undeniably vast capabilities to protect consumers thereby enhancing market integrity.\nApropos of the fluidity of the concept of reasonableness, all Truist Financial Corporation has done in this regard is set up a dichotomy of having or not having the legal obligation under consideration, however, that does not go one-inch toward explaining why various regulatory authorities, has maintained that financial institutions can, and should, protect consumers using their systems, advanced technologies, and rich experience.\nTruist Financial Corporation is obliged to take some action if it is sufficiently aware of a real possibility that fraud may be being perpetuated. If you don't question its customers instructions or raise the possibility of a scam with the customer in these circumstances, it may be liable if the red flags indicate the customer is:\n particularly vulnerable, or\n if the possibility of fraud was serious or real, not just suspected.\nThere are some recommendations to organizations for protecting customers from financial harm that might occur as a result of fraud or financial abuse; and gives guidance on how to recognize customers who might be at risk, how to assess the potential risks to the individual and how to take the necessary actions to prevent or minimize financial harm.\nThese recommendations are established as a general principle, the organization should deliver a service that:\n1) Takes a proactive approach to minimizing risks, impact, and incidences of financial harm and it sets out systems and tools for the prevention and detection of fraud and financial abuse. As a general point, it says organizations should ensure that all systems are developed using technologies and methodologies that are effective in the prevention of fraud and financial abuse, through authorized and unauthorized payments, thereby minimizing the risk of financial harm to customers. Regarding the detection of fraud and financial abuse, it says the organization:\nA) should have measures in place across all payment channels and products to detect suspicious transactions or activities that might indicate fraud or financial abuse. It then lists the following examples of suspicious activity on customer accounts:\na. multiple chequebooks;\nb. sudden increased spending;\nc. transfers to other accounts;\nd. multiple password attempts;\ne. logins from new devices, multiple geographical locations;\nf. sudden changes to the operation of the account; Unusual transactions are transactions whose amount, characteristics and frequency bear no relation\n  \nto the economic activity of the customer, exceed normal market parameters or have no apparent legal justification.\ng. a withdrawal or payment for a large amount;\nh. a payment or series of payments to a new payee;\ni. financial activity that matches a known method of fraud or financial abuse.\nB) organizations should have a process in place to ensure that staff makes contact with the customer to verify the financial activity, challenge its authenticity, explain the nature of the suspected or detected fraud, and discuss an appropriate plan of action.\nTruist Financial Corporation is yet to show, or otherwise provide me with, a compelling argument that their wide-ranging experience and wealth of specialist knowledge in detecting transactional anomalies were not sufficient to avert the fraud at issue. By contrast, I have provided a multitude of sound and powerful reasons by which requiring their involvement has not only been pressingly relevant but also eminently reasonable and well-justified.\nRather than empathizing with and undertaking substantial efforts to convey their knowledge of the existence of such regulations abroad and thereafter use it to protect and proactively relieve the plight of consumers who have been cheated out of their money and whose role in society is properly fulfilled, positively contributing to local economic growth, development, and sustainability  Truist Financial Corporation adopts a rather insouciant attitude toward my financial predicament portrayed herein.\nI am deeply convinced that the disastrous results that I have previously elaborated upon will continue to ensue if no responsibility is adopted by Truist Financial Corporation in relation to this matter. I have also thoroughly detailed why they cannot simply dismiss this problem by strictly adhering to legal technicalities which, after careful reflection, struck me as being nothing more than self-interest. Indeed, it seems to me utterly unfair to disregard fragile, sensitive, and vulnerable consumers who are afflicted by such allegedly malevolent acts, thereby keeping an unjust status quo that is corrupting our society at its core.\nConclusion:\nBased on my analysis, and as confirmed by various authorities concerned with such matters, there is abundant evidence that forward-thinking financial institutions ought to take reasonable steps to forestall fraud, or at least mitigate its risk by using an effective risk management system, demonstrating their undisputed ability to responsibly and pre-emptively respond to questionable transactions in the digital arena. The use of such systems, largely based on newly adopted technologies aimed at effectively navigating the evolving threat landscape, is only one of a number of possible endeavors undertaken in this connection, alongside the application of past knowledge and experience related to popular fraudulent practices.\nAstonishingly, I am pondering how it is that, despite being shown that Truist Financial Corporations business conduct was insufficient insofar as background checks are concerned, they keep refuting their indisputable role and responsibility in connection with the matter herein discussed. The points that I have hitherto made are too crucial to be taken lightly. Truist Financial Corporations non-observance of the fundamental principles of justice  that is, to completely overlook and not even remotely try to mitigate the suffering of vulnerable\n \nconsumers is inexcusable given the size of the establishment and the vast resources at its disposal as the direct result of the patronage of clients like myself.\nIf it was, indeed, solely my responsibility, we must then believe at least one of the following clauses: a) financial institutions have absolutely no role whatsoever in preventing and detecting fraud, b) the fraud in question was not reasonably foreseeable, or c) the transactions in question were not sufficiently alarming. It is extremely unfortunate that Truist Financial Corporation pushes quite hard for me to believe all three of these thingsdespite evidence to the contrary.\nIn summary, I respectfully ask your organization to consider my points, given your personal and companywide obligation to provide a fair and reasonable investigation into the complaint.\nI look forward to your input and would gladly cooperate to reach a fair and reasonable outcome. Thank you.\nXXXX  XXXX  THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK\n \nPage 1 of 9\nXXXX XXXX XXXX\nTruist Financial XXXX XXXX XXXX XXXX XXXX, NC\nRe: Demand Letter\nAttn: Claims/Fraud Dept. Dear Sir/Madam,\nFor negotiation purposes only, without effect as to any and all rights\n  The goal of this letter is twofold: first, it aims to establish that a duty of care has been breached, inasmuch as you have failed to perform adequate due diligence and/or have not acted in a reasonable and prudent manner to prevent foreseeable substantial damages that I have suffered as a result of a fraud [1]. Second, it shall serve as a formal written demand for reimbursement based on the aforementioned grounds, among others.\nA comprehensive analysis of fraud prevention suggests that by processing atypical, non-routine transactions, and/or by being aware of other fraudulent schemes similar to the one alleged herein and/or ignorance of obvious warning signs of fraud, you have engaged in, is a pattern or a practice of wrongful and negligent conduct which has enabled the commission of a fraud that resulted in my financial and psychological damages. The facts and details concerning the actions in question are set forth hereunder.\nOVERVIEW\n Commencing on or about XXXX XXXX XXXX, I fell victim to a multilayered scam operation orchestrated by XXXX  (the Company), with the design, development, manufacture, promoting, marketing, distribution, labeling, and/or sale of illegal and outright fraudulent investment services,\" all of which aim at contributing to the goal of robbing and defrauding clients, through a predetermined cycle of client losses to gains.\n Money was transferred from my account via bank wire, credit card, debit card and through intermediaries named \"XXXX XXXX in the total amount of XXXX XXXX utilizing your services.\n1 FCA: A more effective approach to combatting financial crime (XXXX XXXX XXXX) 1\n    \nPage 2 of XXXX XXXX XXXX XXXX\n Additionally, it is vital that you will immediately take all actions within your power to remedy the situation, whether by raising chargeback and recall in respect of the transactions in question or reimburse me and credit my account, for the full amount of these payments, in the total amount of XXXXusd!\n This letter shall thrust into the spotlight, inter alia, the increasingly important role financial institutions play in the fight against financial crime and fraud, and the pressing need for higher levels of supervision and vigilance within your organization.\n Had you looked at the wider circumstances surrounding the above-referenced transactions, this illicit transfer of wealth could have been prevented.\n Executing transactions without proper authority is not only a severe regulatory offense but also an irresponsible and reckless disregard of the customers financial safety.\n Against this background, and without derogating any of my rights, I hereby hold you liable for financial and emotional harm, and insist that you reimburse my account in full within 14 days from the date of this letter.\nINTRODUCTION\nFinancial crimes and fraud investigations often involve a high degree of sophistication, complexity, and sensitiveness to detail. Accordingly, this letter aims to address the issue at hand as profoundly and fairly as possible, by taking into consideration contextual regulations, laws, and bylaws, as well as guidance, standards and rules promoted by supervisory authorities, relevant codes of practice and (where suitable) what was good industry practice (GIP) at all times relevant hereto. The allegations contained herein are predicated either upon knowledge with respect to myself and my own experience, or upon facts obtained through investigations conducted by qualified third parties. I strongly believe that substantive evidence in support of the allegations set forth herein will be found after an appropriate opportunity for discovery. Key facts supporting the allegations contained herein are known only to the Company and/or are exclusively within their control.\nThe Company cleverly orchestrated a prevalent scheme of deception to lead people to invest significant sums while knowing that those would-be investors would ultimately lose the money that they had entrusted to it. The overall purpose of the scheme, in other words, was to target and defraud people who are often inexperienced and naive, in pursuit of illicit wealth through various fraudulent representations.\nI did not know, and through the exercise of reasonable diligence could not have discovered the fraud that was being perpetrated upon me by the Company. Fraud is commonly conceptualized as\n 2\n\nPage 3 of 9 XXXX XXXX XXXX\nwithholding from the weaker party in a financial transaction (e.g., an investor) information which is necessary to make an informed, rational or autonomous decision.\nIn this regard, even access to adequate information is insufficient to achieve complete autonomy. A complication here is that the weaker party, amateur/unseasoned investors in particular, might have trouble analyzing the data at hand sufficiently well to identify fraudulent schemes. Unfortunately, because financial products are often abstract and complex, theres no easy solution to this problem. Therefore, full autonomy of investors might not only require access to sufficient information, but also access to relevant technologies, know-how, processing capabilities, and resources to analyze the information. A reasonable solution is that financial institutions would be required to promote transparent communication in which they track the understanding of their customers.\nThe false representations and omissions made by the Company have a tendency or capacity to deceive consumers, such as myself, into unwittingly providing funds that fueled the Companys fraudulent scheme and therefore by their nature are jointly  immoral, unethical, oppressive, unscrupulous, and substantially injurious to consumers.\nAs a result of the Companys deceptive trade practices, I was deceived into transferring my funds for investment returns that were never delivered. I will certainly never receive any monetary value for the investments considering the way the Company had their scheme rigged thus causing significant economic damage to me. The false statements of material facts and omissions; and the fraudulent transactions the Company perpetrated were unfair, unconscionable, and deceptive practices perpetrated which would have likely deceived any reasonable person under the circumstances.\nMERCHANTS FRAUD SCHEME  ALLEGATIONS\nThe Company hired, managed and trained personnel, and collaborated with others as accomplices to their crimes to induce fraud that resulted in my financial and psychological damages. These include, but are not limited to, the following allegations, all of which involve criminal, non-regulated, and malicious activities:\n1. The Company directed and instructed others to work from shell companies that were operating from various unassociated locations across the globe.\n2. The Company opened bank accounts and crypto currency wallets in multiple countries and used them through their accomplices from around the world to conceal and disguise the identity of illegally obtained proceeds so that they appear to have originated through\n 3\n\nPage 4 of 9 XXXX XXXX XXXX\nlegitimate sources.\n3. The Company intentionally committed fraudulent misrepresentation, and falsified its agent\nnames, credentials, competencies, qualifications and location. The Companys name is merely a brand name, officially owned by shell corporations located offshore. In reality, the entire operation is being conducted from elsewhere (supposed location is evidently fictitious), and furthermore, the call center, marketing, and decision making, are all being performed by completely anonymous and hidden entities. Concealing true identities and utilizing front companies as a vehicle for a wide spectrum of financial maneuvers, is a notorious practice of criminal organizations.\n4. The Company has blatantly violated international laws, as it has been practicing without a license and funneling enormous sums of money, through countries and jurisdictions that require registration to operate.\n5. The Company provided direct investment advice - not utilizing 3rd party recommendations (e.g., according to XXXX XXXX)\n6. The Company offered investment services/advice not related to real market/exchange data (e.g.: the manufacture of false charts). The trading platform was purposely manipulated, in a way that each client would ineluctably and unknowingly lose money, as the existence of the trades was fabricated. Instead, the Companys staff and its accomplices simply pocketed the money, using it to purchase various luxurious, non- essential items.\n7. The Company prohibited my ability to withdraw my funds.\n8. The Company was guaranteeing unrealistic returns/yields.\n9. The Company furnished me with bonuses - which are not allowed to be given.\n10. The Company was trading on my behalf (use of remote control of my computer).\n11. My money was not held in a segregated account.\n12. The Company did not advertise/disclose/was not transparent regarding the statistical data\nrepresenting the percentage of total client losses at the company.\n13. The Company did not mention the commission and overnight swaps.\n14. The Company did not read me the risk disclosure prior to my deposit(s).\n15. The Company used high pressure tactics and outbursts, which took a severe toll on my\nhealth.\n4\n\nPage 5 of 9 XXXX XXXX XXXX\nArmed with my personal details, the Companys staff seduced me, until I transferred all my savings to them. They utilized their knowledge of my cultural context, which stressed square and honorable business dealings along with honesty, to maliciously take advantage of my trusting nature.\nPlease take notice that my funds were transferred through means of coercion and under false pretenses.\nAttached, please find supportive statements, screenshots and further evidence.\nEXPOSING YOUR ORGANIZATIONS MISCONDUCT\nI hereby allege that your organization has breached the duty of care that is owed by a financial institution to its clients in circumstances where there are reasonable grounds to suspect that the sole purpose of a payment instruction is to defraud the client. Under such circumstances, you are obliged to refrain from executing the payment instruction until you have been able to conclude that there is a legitimate basis for the instruction. Once the duty is engaged, the duty takes priority over the usual obligation of a financial institution to execute customer instructions promptly. The duty in question is often referred to as the XXXX XXXX  well established in the case of XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX).\nThe XXXX XXXX  requires financial institutions to take reasonable care and skill when executing the instructions of a client. It is recognized as authoritative by leading academic texts [2]. The duty arises in cases where it can be argued that an ordinary prudent staff member of a financial institution would have a reasonable basis for suspicion that a particular payment instruction would result in the misappropriation of the funds of the client.\"\nWhen the duty does arise, it can be discharged simply by refraining from executing the instruction unless and until such time as the financial institution is able to establish that the instruction relates to a lawful obligation. The financial institution should seek further information and/or documentation from the client in order to help establish this.\nBased on the above, and after conducting a comprehensive review of our communication/interactions, it has become glaringly obvious to me that at best, no adequate\n2 (XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX)\n    5\n\nPage 6 of 9 JXXXX XXXX XXXX\ninformation and/or documentation were sought by your organization, and at worst, no appropriate safeguards were implemented.\nIf a financial institution executed a customers order to transfer money knowing it to be dishonestly given, shutting its eyes to the obvious fact of the dishonesty or acting recklessly in failing to make such inquiries as an honest and reasonable individual would make,\" it would be in breach of its duty of care, even if the payment instruction is made in accordance with the terms of the mandate and the bank is liable for negligence resulting in damages.\nCompliance departments should ensure that staff members understand the legal requirements and that where there are suspicions, these suspicions must be communicated to all relevant personnel whilst being investigated.\nFor the avoidance of doubt, reasonable grounds should not necessarily be interpreted as proof. On the basis of various signs, you should have assumed that something suspicious was going on and suspended transactions until reasonable enquiries could be made to verify that the transactions were properly executed. In other words, I am a victim of your negligence for facilitating the misappropriation of funds, and doing little to safeguard public financial interests. Any reasonable banker would have realized that there were many obvious, even glaring, signs that I am a fraud victim. (XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX [3].\nA financial institution would never be as reckless with its own assets as has been the case with my assets, and if you had treated my assets as though they were your own, this would not have been made possible. The debits made from my account should be reversed as a result of your failure to take proactive measures to protect it, just as you would do if your own assets were in a similar state of peril. It is also libelous/defamatory to make false statements about an individual that adversely affects their credit rating.\nWhen discussing the responsibilities that a bank might incur, it is crucial not to forget the fact that a legitimate complaint by, or cause of action on the part of a client might generate/give rise to further statutory cause of action and/or additional liabilities beholden by a financial institution to the relevant regulatory authority. Obligations/duties beholden by a bank to a regulator are distinct from those beholden to the customer. Moreover, you may be liable to more than one regulatoXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  More often than not, such legal duties spring from the very facts that gave rise to the liabilities to your clients in the first place. Similarly, to the foregoing, I may also have a cause of action against you for breach of mandate as you have negligently transferred my funds without proper enquiry.\nInstead, you should have been working hard with Artificial Intelligence [4] / Big data technologies to discover automated and effective ways not only to detect fraud but also to prevent it. Furthermore, the tremendous amount of data you possess is by no means self-evident let alone to be overlooked, hence by not utilizing it systematically and effectively to pinpoint irregular and suspicious activities you are misleading your customers, who have taken the leap of faith and placed trust and confidence in your honesty, authority, and competence. A plausible assumption here would be that the pattern of the above-mentioned transactions was sufficiently suspicious that it should have been flagged and blocked by your staff, even if you have never encountered similar situations.\nPractically speaking, effective steps to prevent bad actors from taking advantage of future victims (or at least to minimize this possibility) are abundant:\n The use of automated and human review of","date_sent_to_company":"2022-12-20T18:39:13.000Z","issue":"Fraud or scam","sub_product":"Virtual currency","zip_code":"29681","tags":null,"has_narrative":true,"complaint_id":"6296648","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2022-12-08T23:55:35.000Z","state":"SC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["As a general <em>point</em>, it says organizations should ensure that all systems are developed using technologies and methodologies that are effective in the prevention of fraud and financial abuse, through authorized and unauthorized payments, thereby minimizing the <em>risk</em> of financial harm to customers."]},"sort":[8.66835,"6296648"]},{"_index":"complaint-public-v1","_id":"12303532","_score":8.118914,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681c - Requirements relating to information contained in consumer reports U.S. Code Notes prev | next ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title XXXX  or under the XXXX XXXX that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.\n\n( 2 ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.\n\n( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.\n\n( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.\n\n( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.\n\n( 6 ) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless ( A ) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or ( B ) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.\n\n( 7 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a XXXX XXXX debt if the date on which the hospital care, XXXX XXXX, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic\n\nGrowth, Regulatory Relief, and Consumer Protection Act. ( 8 ) With respect to a consumer reporting agency described in sectio\nn 1681a ( p ) of this title, any information related to a fully paid or settled veterans medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.\n\n( b ) Exempted cases The provisions of paragraphs ( 1 ) through ( 5 ) of subsection ( a ) are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more.\n\n( c ) Running of reporting period ( 1 ) In general The XXXX period referred to in paragraphs ( 4 ) and ( 6 ) of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the XXXX period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.\n\n( 2 ) Effective date Paragraph ( 1 ) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after XX/XX/XXXX. \n\n( d ) Information required to be disclosed ( XXXX ) Title XXXX information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title XXXX shall include in the report an identification of the chapter of such title XXXX under which such case arises if provided by the source of the information. If any case arising or filed under title XXXX is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal. \n\n( XXXX ) Key factor in credit score information Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor ( as defined in section 1681g ( f ) ( 2 ) ( B ) of this title ) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.\n\n( e ) Indication of closure of account by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 4 ) of this title that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.\n\n( f ) Indication of dispute by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 3 ) of this title that information regarding a consumer who [ 1 ] was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.\n\n( g ) Truncation of credit card and debit card numbers ( 1 ) In general Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction. \n\n( XXXX ) Limitation This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card. \n\n( XXXX ) Effective date This subsection shall become effective ( A ) 3 years after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before XX/XX/XXXX ; and ( B ) 1 year after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after XX/XX/XXXX. \n( h ) Notice of discrepancy in address ( 1 ) In general If a person has requested a consumer report relating to a consumer from a consumer reporting agency described in section 1681a ( p ) of this title, the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy.\n\n( 2 ) Regulations ( A ) Regulations required The Bureau shall,, [ 2 ] in consultation with the Federal banking agencies, the XXXX XXXX XXXX XXXX, and the Federal Trade Commission,, [ XXXX ] prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph ( XXXX ). \n\n( B ) Policies and procedures to be included The regulations prescribed under subparagraph ( A ) shall describe reasonable policies and procedures for use by a user of a consumer report ( i ) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and ( ii ) if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established. \n( Pub. XXXX XXXX, title VI, XXXX, as added Pub. XXXX XXXX, title VI, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, title XXXX, XXXX ( b ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX. A, title XXXX, XXXX ( a ) ( XXXX ) ( XXXX ), XXXX XXXX, XXXX, XXXX XXXX. XXXX, XXXX ; Pub. XXXX XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title I, XXXX, title XXXX, XXXX ( d ), title XXXX, XXXX, title IV, XXXX ( b ), ( c ), title XXXX, XXXX ( c ) ( XXXX ), ( XXXX ) ( A ), XXXX XXXX, XXXX, XXXX Stat. XXXX, XXXX, XXXX, XXXX, XXXX ; Pub. XXXX XXXX, title X, XXXX ( a ) ( XXXX ) ( D ), ( XXXX ), XX/XX/XXXX, XXXX Stat. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX ( b ) ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. )","date_sent_to_company":"2025-03-03T15:29:27.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96816","tags":"Servicemember","has_narrative":true,"complaint_id":"12303532","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-03-03T15:28:58.000Z","state":"HI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( d ) Information required to be disclosed ( XXXX ) Title XXXX information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that <em>arises</em> under title XXXX shall include in the report an identification of the chapter of such title XXXX under which such case <em>arises</em> if provided by the source of the information."]},"sort":[8.118914,"12303532"]},{"_index":"complaint-public-v1","_id":"12291772","_score":8.118914,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681c - Requirements relating to information contained in consumer reports U.S. Code Notes prev | next ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title XXXX  or under the XXXX XXXX that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.\n\n( 2 ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.\n\n( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.\n\n( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.\n\n( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.\n\n( 6 ) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless ( A ) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or ( B ) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.\n\n( 7 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a XXXX XXXX debt if the date on which the hospital care, XXXX XXXX, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic\n\nGrowth, Regulatory Relief, and Consumer Protection Act. ( 8 ) With respect to a consumer reporting agency described in sectio\nn 1681a ( p ) of this title, any information related to a fully paid or settled veterans medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.\n\n( b ) Exempted cases The provisions of paragraphs ( 1 ) through ( 5 ) of subsection ( a ) are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more.\n\n( c ) Running of reporting period ( 1 ) In general The XXXX period referred to in paragraphs ( 4 ) and ( 6 ) of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the XXXX period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.\n\n( 2 ) Effective date Paragraph ( 1 ) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after XX/XX/XXXX. \n\n( d ) Information required to be disclosed ( XXXX ) Title XXXX information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title XXXX shall include in the report an identification of the chapter of such title XXXX under which such case arises if provided by the source of the information. If any case arising or filed under title XXXX is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal. \n\n( XXXX ) Key factor in credit score information Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor ( as defined in section 1681g ( f ) ( 2 ) ( B ) of this title ) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.\n\n( e ) Indication of closure of account by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 4 ) of this title that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.\n\n( f ) Indication of dispute by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 3 ) of this title that information regarding a consumer who [ 1 ] was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.\n\n( g ) Truncation of credit card and debit card numbers ( 1 ) In general Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction. \n\n( XXXX ) Limitation This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card. \n\n( XXXX ) Effective date This subsection shall become effective ( A ) 3 years after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before XX/XX/XXXX ; and ( B ) 1 year after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after XX/XX/XXXX. \n( h ) Notice of discrepancy in address ( 1 ) In general If a person has requested a consumer report relating to a consumer from a consumer reporting agency described in section 1681a ( p ) of this title, the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy.\n\n( 2 ) Regulations ( A ) Regulations required The Bureau shall,, [ 2 ] in consultation with the Federal banking agencies, the XXXX XXXX XXXX XXXX, and the Federal Trade Commission,, [ XXXX ] prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph ( XXXX ). \n\n( B ) Policies and procedures to be included The regulations prescribed under subparagraph ( A ) shall describe reasonable policies and procedures for use by a user of a consumer report ( i ) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and ( ii ) if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established. \n( Pub. XXXX XXXX, title VI, XXXX, as added Pub. XXXX XXXX, title VI, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, title XXXX, XXXX ( b ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX. A, title XXXX, XXXX ( a ) ( XXXX ) ( XXXX ), XXXX XXXX, XXXX, XXXX XXXX. XXXX, XXXX ; Pub. XXXX XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title I, XXXX, title XXXX, XXXX ( d ), title XXXX, XXXX, title IV, XXXX ( b ), ( c ), title XXXX, XXXX ( c ) ( XXXX ), ( XXXX ) ( A ), XXXX XXXX, XXXX, XXXX Stat. XXXX, XXXX, XXXX, XXXX, XXXX ; Pub. XXXX XXXX, title X, XXXX ( a ) ( XXXX ) ( D ), ( XXXX ), XX/XX/XXXX, XXXX Stat. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX ( b ) ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. )","date_sent_to_company":"2025-03-03T15:29:27.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96816","tags":"Servicemember","has_narrative":true,"complaint_id":"12291772","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-03-03T15:28:58.000Z","state":"HI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( d ) Information required to be disclosed ( XXXX ) Title XXXX information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that <em>arises</em> under title XXXX shall include in the report an identification of the chapter of such title XXXX under which such case <em>arises</em> if provided by the source of the information."]},"sort":[8.118914,"12291772"]},{"_index":"complaint-public-v1","_id":"12303523","_score":8.115663,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681c - Requirements relating to information contained in consumer reports U.S. Code Notes prev | next ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title XXXX  or under the XXXX XXXX that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.\n\n( 2 ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.\n\n( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.\n\n( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.\n\n( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.\n\n( 6 ) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless ( A ) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or ( B ) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.\n\n( 7 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a XXXX XXXX debt if the date on which the hospital care, XXXX XXXX, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic\n\nGrowth, Regulatory Relief, and Consumer Protection Act. ( 8 ) With respect to a consumer reporting agency described in sectio\nn 1681a ( p ) of this title, any information related to a fully paid or settled veterans medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.\n\n( b ) Exempted cases The provisions of paragraphs ( 1 ) through ( 5 ) of subsection ( a ) are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more.\n\n( c ) Running of reporting period ( 1 ) In general The XXXX period referred to in paragraphs ( 4 ) and ( 6 ) of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the XXXX period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.\n\n( 2 ) Effective date Paragraph ( 1 ) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after XX/XX/XXXX. \n\n( d ) Information required to be disclosed ( XXXX ) Title XXXX information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title XXXX shall include in the report an identification of the chapter of such title XXXX under which such case arises if provided by the source of the information. If any case arising or filed under title XXXX is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal. \n\n( XXXX ) Key factor in credit score information Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor ( as defined in section 1681g ( f ) ( 2 ) ( B ) of this title ) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.\n\n( e ) Indication of closure of account by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 4 ) of this title that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.\n\n( f ) Indication of dispute by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 3 ) of this title that information regarding a consumer who [ 1 ] was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.\n\n( g ) Truncation of credit card and debit card numbers ( 1 ) In general Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction. \n\n( XXXX ) Limitation This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card. \n\n( XXXX ) Effective date This subsection shall become effective ( A ) 3 years after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before XX/XX/XXXX ; and ( B ) 1 year after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after XX/XX/XXXX. \n( h ) Notice of discrepancy in address ( 1 ) In general If a person has requested a consumer report relating to a consumer from a consumer reporting agency described in section 1681a ( p ) of this title, the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy.\n\n( 2 ) Regulations ( A ) Regulations required The Bureau shall,, [ 2 ] in consultation with the Federal banking agencies, the XXXX XXXX XXXX XXXX, and the Federal Trade Commission,, [ XXXX ] prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph ( XXXX ). \n\n( B ) Policies and procedures to be included The regulations prescribed under subparagraph ( A ) shall describe reasonable policies and procedures for use by a user of a consumer report ( i ) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and ( ii ) if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established. \n( Pub. XXXX XXXX, title VI, XXXX, as added Pub. XXXX XXXX, title VI, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, title XXXX, XXXX ( b ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX. A, title XXXX, XXXX ( a ) ( XXXX ) ( XXXX ), XXXX XXXX, XXXX, XXXX XXXX. XXXX, XXXX ; Pub. XXXX XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title I, XXXX, title XXXX, XXXX ( d ), title XXXX, XXXX, title IV, XXXX ( b ), ( c ), title XXXX, XXXX ( c ) ( XXXX ), ( XXXX ) ( A ), XXXX XXXX, XXXX, XXXX Stat. XXXX, XXXX, XXXX, XXXX, XXXX ; Pub. XXXX XXXX, title X, XXXX ( a ) ( XXXX ) ( D ), ( XXXX ), XX/XX/XXXX, XXXX Stat. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX ( b ) ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. )","date_sent_to_company":"2025-03-03T15:29:31.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96816","tags":"Servicemember","has_narrative":true,"complaint_id":"12303523","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-03-03T15:11:18.000Z","state":"HI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( d ) Information required to be disclosed ( XXXX ) Title XXXX information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that <em>arises</em> under title XXXX shall include in the report an identification of the chapter of such title XXXX under which such case <em>arises</em> if provided by the source of the information."]},"sort":[8.115663,"12303523"]},{"_index":"complaint-public-v1","_id":"6407162","_score":7.3391857,"_source":{"product":"Mortgage","complaint_what_happened":"Dear Sir/Madam ; This memorandum documents our experience while securing a refinance/buy-back loan from Navy Federal Credit Union ( NFCU ) during XXXX XXXX. We found the conduct of NFCU and its employees during this experience uniformly unsatisfactory. Because of the likelihood that this recounting alone will fail to stimulate internal consideration of personnel evaluation and business practices at NFCU, it has also been provided to various regulatory, personnel certification and business ratings organizations as seem appropriate. \nBackground In XX/XX/XXXX, we identified a townhome under construction in XXXX XXXX, XXXX, that we wished to purchase. Wishing to avoid a XXXX mortgage, our financing strategy was to take out a loan against our current home in XXXX, and use the money to purchase the XXXX property for cash. We determined to apply for the loan and lock-in a rate immediately, as news reports indicated mortgage rates would rise significantly throughout XXXX and early XXXX. The completion date for the property is XX/XX/XXXX. So, we also planned to delay closing the refinance/loan until as late as possible to allow time to refine the precise loan amount, and reduce the number of payments required prior to closing on the property. \nChronology of Events The following chronology is provided as an objective outline of the sequence of events that led to our current situation. \nEarly XX/XX/XXXX. We applied for what the NFCU XXXX XXXX termed a refinance-buy back loan. We explained the background described above to the XXXX XXXX, including our desire to refine the loan value prior to closing, delay closing the loan for as long as possible within the rate lock period, and occasionally pay down principal with the objective of reducing monthly payments. \nXXXX. We received pre-approval of the loan package for a maximum value of {$400000.00}, locking in a XXXX XXXX rate on a XXXX, fully-collateralized loan. The expiration for the rate lock-in was XXXX XXXX. \nXXXX XXXX. We notified the XXXX XXXX, by phonecon and email, that the final loan amount desired for the loan was {$270000.00}. We have copies of the emails and, presumably, NFCU has recordings of the phonecon relaying this information. \nXXXX XXXX. Loan documents were delivered for signature. The loan value identified in the documents was {$400000.00}, rather than the {$270000.00} we requested. We signed the documents, assuming we could either cancel the contract, or that NFCU would undertake whatever administrative procedures were necessary to correct its error. We contacted the XXXX XXXX immediately, who responded that NFCU would not correct its error and that if we exercised the three-day cancellation option, NFCU would not rewrite the contract within the rate lock period. \nXXXX XXXX. The XXXX XXXX rate lock-in period expired. \nXXXX XXXX XXXX XXXX  XXXX. We contacted the XXXX XXXX to express our dissatisfaction with being held accountable for NFCUs clerical error. She provided us another point of contact at NFCU Member Services. \nXXXX XXXX. We called NFCU Member Services. The advisor informed us that the monthly payments for the loan could not be recast, ever, and that payments would be required for the full value of the erroneous {$400000.00} loan amount. \nXXXX XXXX. Calls to and from NFCU yielded various limited options for correcting NFCUs mistake. \nNFCUs Response The conduct of virtually all NFCU personnel involved has been uniformly unhelpful, frequently condescending to the point of insulting, and breathtakingly uninformed throughout this process. While starting off as little more than annoyances, the general sloppiness, laziness, technical incompetence and lack of attention to detail, culminated in a major clerical error on the part of NFCU that may, as of XXXX XX/XX/XXXX, result in significant financial consequences for us, with no apparent adverse consequences or accountability, either corporate or individual, for NFCU. In some scenarios NFCU might actually benefit, at the customers expense, from its own mistake. \nBecause she was the principal customer interface, and is personally responsible for the major clerical error, XXXX XXXX XXXX, the NFCU XXXX XXXX bears at least initial responsibility for the problem. Starting out with the annoyances, that in some cases exacerbated her mistake, XXXX XXXX provided several different names, phone numbers and email addresses for contact. Her supervisors contact information, listed on the signed loan documents, is incorrect. That NFCU is unable to provide something as simple as clear, unambiguous, correct, contact information unfortunately accurately reflects the overall competence demonstrated during this experience. XXXX XXXX seemed to have difficulty comprehending our desire to delay closing as long as possible, and perhaps erroneously assumed that mistakes on the closing documents were of little consequence since she expected there would be time to fix them. Contributing to the lack of timely response to this clerical mistake, beyond NFCUs general lack of a sense of urgency or customer service, was XXXX XXXX insistence on assigning a title agent from XXXXXXXX XXXX, rather than the local XXXX title agent that we specified. No explanation for this arbitrary assignment of a non-local title agent was provided. Most significantly, despite being notified on XXXX XXXX both in writing and on the phone of the required new loan amount, and despite a lengthy previous phonecon on the same subject, XXXX XXXX failed to ensure that the correct loan amount was entered in the loan documents provided for signature. This was a significant clerical error. XXXX XXXX apparently lacked the authority to correct her mistake. Her supervisor was completely absent during all phases of this process and is, presumably, XXXX of the problem ( s ). Supervisor, and supervision seem completely absent at all levels at NFCU. \nThis explicit commission of errors, and more general demonstration of incompetence, lassitude and indifference, were in no way confined to XXXX XXXX. XXXX XXXX attempted to pass the consequences of her failure to properly process our loan on to XXXX XXXX XXXX in Member Services. When contacted, XXXX XXXX, having obviously made no effort to inform herself on the issue in the intervening XXXX days, proceeded to deliver a condescending and utterly uninformed lecture on the nature of our loan and the limited options we had to mitigate the consequences of NFCUs gross incompetence. Subsequent discussions with NFCU supervisors, such as they are, suggest XXXX XXXX was grossly misinformed as to our loan, and basic NFCU procedures. \nThroughout this process, NFCU and its employees consistently failed to acknowledge any responsibility ( or accountability ) for this mistake or take any initiative to address the consequences to the customer. Instead, we were contacted by a series of employees who were so comprehensively ignorant of the situation, and NFCUs own procedures, that we received completely different answers from each, and often different answers from the same employees at different times. On occasion the strategies offered were so utterly implausible we were left wondering if they were not simply efforts to stall until our options had all expired. This made planning and damage control, on our part, virtually impossible. NFCUs position has changed, at the time of writing, within bounds roughly defined by the following positions. \nPresumably, the initial plan was to process the loan properly. We borrow {$270000.00} at XXXX XXXX, and begin making payments in XXXX. This became untenable on XXXX XXXX when NFCU provided incorrect documents for signature and refused to correct the mistake. \nProcess the loan for an amount we did not request, we pay down the principal by the overage before the first payment, and recompute the loan payments for the new principal ( recast ), putting us more or less back on the same track, except we only have two opportunities to pay down principal, one of which is exhausted correcting NFCUs mistake. \nProcess the loan for the wrong amount, deny us the opportunity to pay down principal at all, and require monthly payments on a {$400000.00} loan that we did not request. We determined extricating ourselves from this mess of NFCUs creation would result in a loss to us of around {$40000.00}. This was XXXX XXXX position, and would have required recourse to legal action. \nProcess the loan for the wrong amount, allow us to pay down principal at an unspecified future date of NFCUs choosing. This option still required us to pay the full {$400000.00} loan monthly payment for somewhere between XXXX to XXXX months while NFCU processed the loan. This seemed so fantastically incomprehensible that we assumed it was probably illegal, so much so we never really believed it was an option. Simply threatening legal action would have presumably collapsed this scenario, had it lasted long enough to do so. \nAt some point, NFCU clarified, or altered, its position on recasting the loan, and declared that this process was allowed twice a year, not twice over XXXX years. The actual loan documents indicate that the recomputation of loan payment will be done at the lenders discretion with no additional qualifications. So, apparently, recasting can be done never, twice, XXXX times, as many times as the lender allows, or as many times as the borrower desires. This single issue serves as a convenient metaphor for the astonishingly amateurish manner in which this entire incident has been handled by NFCU. \nOn XXXX XXXX, NFCU offered to grant an indulgence to pay down the principal with the overage, and recast the loan, before the first payment. \nThe XXXX XXXX offer was followed by yet another slightly different offer on XXXX XXXX that, apparently, involves actually resubmitting the notarized loan paperwork for a {$230000.00} loan, purportedly also still at the original XXXX XXXX locked rate. Why this fix is now possible with nothing more than yet more inconvenience for the customer was not explained. \nUnfortunately, none of these scenarios have been provided in writing. Experience suggests that verbal agreements with, or explanations by, NFCU and its employees are likely to be at best obfuscatory, and frequently blatant falsehoods. We might be excused for being skeptical that the most recent offer of what seems to be essentially a new loan- actually close to the original loan we asked for at the original rate ( well after the rate lock has expired ) might simply be yet another NFCU stratagem for covering up its own mistake and passing on the consequences to the customer. \nSummary No formal summary should be necessary. Even if resolved in a manner that does not result in adverse financial consequences for the customer it has been - that hardly constitutes what could be deemed a successful business transaction. The burden and stress of mitigating the consequences of NFCUs mistakes and pervasive incompetence has fallen entirely on the customer. \nNFCU would do well to start at the basics by reflecting on the meaning of the word customer. Customers pay hundreds of thousands of dollars in finance fees for a service consisting of little more, beyond the risk of the loan itself, - XXXX in our case since our collateral is valued at substantially more than the loan than bookkeeping, secretarial work, and the occasional provision of coherent explanations and reassurance. Our experience with NFCU illustrates lack of competence at any of these tasks, aggravated by one or more layers of supervisors who neither supervise nor are technically competent at solving problems when they do arise. All this is complemented by a seeming default position of ignorance, rudeness, blamecasting and condescension when dealing with those same customers. The right answer here, that apparently continues to elude NFCU management, was on the afternoon of XXXX XXXX, we are contacted by someone in a position of sufficient authority to apologize for NFCUs mistake, and with a guarantee ( with a credible timetable ) that NFCU will make it right without further burden to the customer. How NFCU might subsequently handle its glaring training, competence and supervisory shortcomings is a different matter. \nRespectfully, XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2023-01-06T19:56:34.000Z","issue":"Closing on a mortgage","sub_product":"Reverse mortgage","zip_code":"82070","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"6407162","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2023-01-06T19:26:32.000Z","state":"WY","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["NFCUs Response The conduct of virtually all NFCU personnel involved has been uniformly unhelpful, frequently condescending to the <em>point</em> of insulting, and breathtakingly uninformed throughout this process."]},"sort":[7.3391857,"6407162"]},{"_index":"complaint-public-v1","_id":"8439415","_score":7.0406837,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis is reporting inaccurate information and has not provided any evidence that proves the information is correct. My name is XXXX XXXX there should be no other name or names listed on my report or any variation of. My only address is XXXX XXXX XXXX XXXX, GA XXXX there should be no other address on my report if it is it is incorrect. LexisNexis is also reporting an alleged bankruptcy but have provided no evidence to prove that it is my bankruptcy. LexisNexis keeps stalling by asking for my ID and SSC which I have attached to every complaint that I have submitted to LexisNexis. LexisNexis is required to report accurate information and they are not. \n\n( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \n( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. \n( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. \n( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than XXXX years.\n\n( 2 ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. \n( XXXX ) Paid tax liens which, from date of payment, antedate the report by more than XXXX years. \n( XXXX ) Accounts placed for collection or charged to profit and loss which antedate the report by more than XXXX years. \n( XXXX ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. \n( XXXX ) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless ( A ) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or ( B ) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance. \n( XXXX ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a XXXX XXXX debt if the date on which the hospital care, XXXX XXXX, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act. \n( XXXX ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a fully paid or settled veterans medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a XXXX XXXX debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.\n\n( b ) Exempted cases The provisions of paragraphs ( 1 ) through ( 5 ) of subsection ( a ) are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( XXXX ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( XXXX ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. \n( c ) Running of reporting period ( XXXX ) In general The XXXX period referred to in paragraphs ( XXXX ) and ( XXXX ) of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the XXXX period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. \n\n( XXXX ) Effective date Paragraph ( XXXX ) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after XX/XX/XXXX. \n\n( d ) Information required to be disclosed ( XXXX ) Title 11 information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11 shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11 is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.\n\n( 2 ) Key factor in credit score information Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor ( as defined in section 1681g ( f ) ( 2 ) ( B ) of this title ) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities. \n\n( XXXX ) Indication of closure of account by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 4 ) of this title that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account. \n\n( f ) Indication of dispute by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 3 ) of this title that information regarding a consumer who [ XXXX ] was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information. \n\n( g ) Truncation of credit card and debit card numbers ( XXXX ) In general Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last XXXX digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction. \n\n( XXXX ) Limitation This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card. \n\n( XXXX ) Effective date This subsection shall become effective ( A ) 3 years after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before XX/XX/XXXX ; and ( B ) 1 year after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after XX/XX/XXXX. \n( h ) Notice of discrepancy in address ( XXXX ) In general If a person has requested a consumer report relating to a consumer from a consumer reporting agency described in section 1681a ( p ) of this title, the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy. \n\n( XXXX ) Regulations ( A ) Regulations required The XXXX shall,, [ XXXX ] in consultation with the Federal banking agencies, the XXXX XXXX XXXX XXXX, and the Federal Trade Commission,, [ XXXX ] prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph ( XXXX ). \n\n( B ) Policies and procedures to be included The regulations prescribed under subparagraph ( A ) shall describe reasonable policies and procedures for use by a user of a consumer report ( i ) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and ( ii ) if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established. \n\n\n\n\n\n( a ) Identity and purposes of credit users XXXX consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. 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.","date_sent_to_company":"2024-02-29T02:11:47.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30132","tags":null,"has_narrative":true,"complaint_id":"8439415","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-29T01:54:59.000Z","state":"GA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( d ) Information required to be disclosed ( XXXX ) Title 11 information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that <em>arises</em> under title 11 shall include in the report an identification of the chapter of such title 11 under which such case <em>arises</em> if provided by the source of the information."]},"sort":[7.0406837,"8439415"]},{"_index":"complaint-public-v1","_id":"4741312","_score":6.943633,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I started off speaking with XXXX XXXX XXXX XXXX XXXX XXXX XXXX about my apartment I had with them back in XXXX. \n\nWhen signing the manager on site was aware that by the end of XXXX I would be relocated and they agreed to make an exception. This is also why there is no paper work stating I agreed to anything with my signature. I also reminded them month after month. So I moved in XXXX. I also closed all of my XXXX binded agreements in XXXX as well which would have been linked to the contract. XXXX XXXX XXXX. I didnt receive a disconnection service termination early either. \n\nSo I spoke to to XXXX XXXX and they directed me to contact XXXX. \n\nshe first stated I lived there until XXXX and that I was not paying rent. That I never returned my keys which I did in XXXX. If they switched managers that could have been the issue. They have had like 6-7 since then. \n\nThey have me confused with someone else. They couldnt even give me paperwork that I had signed. \n\nThen she proceeded to say that they tried to reach me but I had vacated the home? They had my email, cell phone number, and home number to contact me and no one did. Not even anyone from XXXX XXXX because they were aware of the agreement. \n\nShe also stated that I didnt turn my keys in until XXXX which was a lie I turned them in in XXXX when I left. When I left I had the place cleaned wiped down and looking better than I had went in there. It smelled like mold, carpet was dirty and smoke was a strong smell. They never painted or cleaned it like they were supposed to but I told them to find me a different one an they had nothing available. \n\n\nI also told her that the manager at the time told me I was fine and could drop keys and just go. Which is why no one from there reached out to me for even a whole 2 calendar years. \n\nI also even paid rent through the month of XX/XX/XXXX even though I wasnt aware. That was the last month rent was taken from my account. It was supposed to be through XXXX. \n\nI never heard from them at XXXX or XXXX XXXX XXXX  I literally didnt know this was an issue until XX/XX/XXXX. Thats when I reached out asking why. \n\nWhy would they wait until XX/XX/XXXX to bring this up? \n\nThe lady are pro collect was very rude and telling me I couldnt dispute it because they have and filed paper work. I told her I never received a bill or call from them ever stating I owed them money. They also had their keys end of XXXX into XXXX. She said I was going to pay it. They couldnt even verify the debt they sent some made up paper with my name and address on it. You could see where they illegally put it on the paper work from something else there are print lines. \n\nThere are so many lies between the collection company and XXXX XXXX I dont how this is even possible. My rent was on auto pay and stopped. \n\na ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.\n\n( 2 ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. \n( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years. \n( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. \n( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. \n( 6 ) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless ( A ) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or ( B ) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance. \n( 7 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a veterans medical debt if the date on which the hospital care, medical services, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a veterans medical debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act. \n( 8 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a fully paid or settled veterans medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a veterans medical debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act. \n( b ) Exempted cases The provisions of paragraphs ( 1 ) through ( 5 ) of subsection ( a ) are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. \n( c ) Running of reporting period ( 1 ) In general The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.\n\n( 2 ) Effective date Paragraph ( 1 ) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after XX/XX/XXXX. \n\n( d ) Information required to be disclosed ( 1 ) Title 11 information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11 shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11 is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.\n\n( 2 ) Key factor in credit score information Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor ( as defined in section 1681g ( f ) ( 2 ) ( B ) of this title ) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.\n\n( e ) Indication of closure of account by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 4 ) of this title that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.\n\n( f ) Indication of dispute by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 3 ) of this title that information regarding a consumer who [ 1 ] was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.\n\n( g ) Truncation of credit card and debit card numbers ( 1 ) In general Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.\n\n( 2 ) Limitation This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card. \n\n( XXXX ) Effective date This subsection shall become effective ( A ) 3 years after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before XX/XX/XXXX ; and ( B ) 1 year after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after XX/XX/XXXX. \n( h ) Notice of discrepancy in address ( 1 ) In general If a person has requested a consumer report relating to a consumer from a consumer reporting agency described in section 1681a ( p ) of this title, the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy.\n\n( 2 ) Regulations ( A ) Regulations required The Bureau shall,, [ 2 ]\nin consultation with the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission,, [ 2 ] prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph ( 1 ).\n\n( B ) Policies and procedures to be included The regulations prescribed under subparagraph ( A ) shall describe reasonable policies and procedures for use by a user of a consumer report ( i ) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and ( ii ) if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established.","date_sent_to_company":"2021-09-21T05:12:51.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"44601","tags":null,"has_narrative":true,"complaint_id":"4741312","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ProCollect, Inc.","date_received":"2021-09-21T04:52:48.000Z","state":"OH","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":["( d ) Information required to be disclosed ( 1 ) Title 11 information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that <em>arises</em> under title 11 shall include in the report an identification of the chapter of such title 11 under which such case <em>arises</em> if provided by the source of the information."]},"sort":[6.943633,"4741312"]},{"_index":"complaint-public-v1","_id":"14079791","_score":6.4620266,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXXXX/XX/XXXX To : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Dear CFPB, Re : RESPONSE TO J.P. MORGAN CHASE BANKS STATEMENT REGARDING CFPB COMPLAINT I write to respectfully but urgently dispute the wholly inadequate and disingenuous response submitted by JPMorgan Chase Bank , N.A . ( Chase ) concerning my CFPB complaint. Chase 's response fails to address serious issues of elder financial abuse, institutional negligence, and compliance failures under both federal guidelines and Californias Elder Abuse and Dependent Adult Civil Protection Act ( EADACPA ), which imposes heightened duties on financial institutions interacting with XXXX \nChases blanket assertion that this matter involved only customer-initiated transactions is a dangerous oversimplification of what federal regulators and California law recognize as a growing epidemic of elder financial exploitation, often masked by the victims own unwitting involvement under manipulation by bad actors. EADACPA explicitly defines such exploitation, where property is obtained from an elder for a wrongful use or with intent to defraud, as financial abuse ( XXXX ), irrespective of superficial \" authorization '' obtained through deception. \nBelow are several compelling legal and regulatory deficiencies in Chases handling of this matter, warranting immediate regulatory scrutiny : 1. Failure to Act on Clear Warning Signs in Violation of Interagency Guidance JPMorgan Chase 's assertion that these were merely \" customer-initiated transactions '' dangerously ignores the critical obligations financial institutions owe under federal guidelines and EADACPAs imposition of a heightened \" duty of care '' for businesses interacting with XXXX, especially when serving vulnerable populations such as XXXX  clients. The XXXX Interagency Guidance on Privacy Laws and Reporting Financial Abuse of Older Adults, issued jointly by the CFPB, Federal Reserve, FDIC, OCC, and other federal regulators, provides specific expectations for financial institutions when encountering signs of elder financial exploitation. This includes unusual transaction patterns, sudden changes in banking activity, or other behavior that deviates markedly from a customers established history. \nIn this case, Chase was not only presented with multiple warning signs but failed to escalate them appropriately. As a long-standing Chase customer, my banking behavior prior to Fall XXXX showed no pattern of large, repeated transfers. Suddenly, and without precedent, I began initiating high-value transfers totaling more than {$200000.00} to multiple recipients. This stark deviation from my historical activity constituted clear undue influence and wrongful use of funds under EADACPA 15610.30 and should have triggered Chases fraud detection systems or, at minimum, internal review. \nThe fact that I am a XXXXXXXX XXXX  citizen, and that these transactions were allegedly conducted with unfamiliar entities for opaque business purposes, only reinforces the necessity for elevated scrutiny under federal elder financial protection protocols and EADACPAs mandate to protect elders from precisely this form of exploitation. These red flags are precisely the scenarios envisioned by the Interagency Guidance and EADACPA, which stress that even customer-permitted transactions may constitute exploitation when the elder is manipulated by external bad actors.\n\nBy not investigating these anomalies thoroughly or escalating them to a higher level of scrutiny, Chase failed in its duty to follow regulatory best practices and breached its statutory duty of care under EADACPA. In fact, Chases failure to act on these irregularities may reflect systemic deficiencies in its internal compliance and elder protection protocols. The CFPB has emphasized that financial institutions are on the front lines of identifying and stopping fraud before irreversible harm occurs. In this instance, Chase not only failed to prevent harm, but it also enabled it through passivity and noncompliance. \nThis is not merely a matter of hindsight. The Interagency Guidance was published over a decade ago, and EADACPA has imposed clear duties on institutions since its enactment. Chase, as one of the largest banks in the country, can not credibly claim ignorance. The banks negligence created the perfect environment for the fraud to proceed unchecked. If Chase had intervened when the anomalies first emergedas their federal obligations requirethe ensuing financial devastation could have been mitigated or entirely prevented.\n\nI therefore urge the CFPB to investigate whether Chase has violated the Interagency Guidance standards, failed to uphold its fiduciary responsibilities and EADACPA duties, and whether these systemic failures represent a pattern of institutional neglect toward elder clients vulnerable to financial exploitation. Enforcement action is warranted to compel Chase to adopt necessary corrective measures and redress the harm caused by its inaction. \n\n2. Violation of California Law ( Cal. Welf. & Inst. Code 15630.1 ) The State of California has some of the strongest protections in the country against elder abuse, including financial exploitation. Cal. Welf. & Inst. Code 15630.1 ( d ) ( 1 ) provides as follows : Any mandated reporter of suspected financial abuse of an elder or dependent adult who has direct contact with the elder or dependent adult or who reviews or approves the elder or dependent adult 's financial documents, records, or transactions, in connection with providing financial services with respect to an elder or dependent adult, and who, within the scope of his or her employment or professional practice, has observed or has knowledge of an incident, that is directly related to the transaction or matter that is within that scope of employment or professional practice, that reasonably appears to be financial abuse, or who reasonably suspects that abuse, based solely on the information before him or her at the time of reviewing or approving the document, record, or transaction in the case of mandated reporters who do not have direct contact with the elder or dependent adult, shall report the known or suspected instance of financial abuse by telephone or through a confidential Internet reporting tool, as authorized pursuant to Section XXXX, immediately, or as soon as practicably possible. If reported by telephone, a written report shall be sent, or an Internet report shall be made through the confidential Internet reporting tool established in Section XXXX, within XXXX working days to the local adult protective services agency or the local law enforcement agency. \n\nUnder Cal. Welf. & Inst. Code 15630.1, financial institutions are required to report suspected financial abuse of an elder or dependent adult immediately, or as soon as practically possible, by telephone, followed by a written report within two working days. Critically, this duty to report is mandatory, not discretionary, and applies even when the elder customer denies being defrauded, as many victims of manipulation often do. Furthermore, EADACPA provides a civil cause of action against entities that \" take, secrete, appropriate, or retain property for a wrongful use '' ( 15610.30 ) or fail in their duty to prevent such exploitation. Chases failure to report and intervene exposed it to liability under both statutes.\n\nIn this case, Chase Bank has already acknowledged that at least one branch-level employee questioned me about the nature of the high-value transactions. The bank alleges that I confirmed the transactions were business-related. However, the statute does not require certainty or confirmation of abuse to mandate reporting. It only requires reasonable suspicion. The law specifically anticipates scenarios where an elder may not recognizeor may even denythat they are being exploited, due to manipulation, shame, or lack of full understanding. EADACPA expressly recognizes that financial abuse occurs when an elder is deceived into \" voluntarily '' surrendering assets through undue influence, fraud, or coercion ( 15610.30 ( a ) ( 3 ) ).\n\nChase failed to act when it mattered most. If their employee had enough concern to question me, then they had more than enough basis to initiate a mandatory report under California law. Instead, Chase did not report the activity until well after my funds were depleted, and only after it became too late to protect me. This dereliction of duty directly enabled the continuation of fraudulent withdrawals and significantly contributed to my financial devastation. This failure constitutes per se negligence under EADACPA, potentially entitling me to compensatory damages, punitive damages, attorneys fees, and court costs ( XXXX  ). \nMoreover, Cal. Welf. & Inst. Code 15630.1 ( c ) explicitly mandates training for bank employees to recognize warning signs of XXXX abuse and to act on them without hesitation. The failure by Chase to recognize the red flags, despite a clear deviation from my account history, repeated high-value transfers, and XXXX status, reflects a systemic breakdown in their compliance and training programs. Chases late reporting, after the damage was done, further confirms the banks disregard for its statutory duties and its breach of EADACPAs duty of care. \nIt is especially troubling that this failure occurred in multiple branches and over a sustained period. This indicates a lack of internal checks, oversight, or escalation protocolseach of which is expected under Californias regulatory framework. When one branch fails to act, it may be negligence. When multiple locations enable suspicious conduct repeatedly over months, it suggests institutional noncompliance warranting punitive damages under EADACPA XXXX for recklessness, oppression, fraud, or malice. \nFurthermore, Chases failure to report extended to a separate XX/XX/XXXX incident where I was defrauded through a XXXX business loan scam. In my attempt to meet the scammers demands, I paid approximately {$5000.00} to fraudulent agents and made XXXX payments via Chase to XXXX XXXX ( {$1300.00} on XX/XX/XXXX, {$1700.00} on XX/XX/XXXX, {$250.00} on XX/XX/XXXX, and {$1000.00} on XX/XX/XXXX ). \nI reported this fraud in person to a Chase official named XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, CA ) branch on XX/XX/XXXX, XXXX, and XXXX, XXXX. No action was taken, and XXXX was not notified as required. In a XX/XX/XXXX call, Chase confirmed these visits and my contact with XXXX but admitted no notes were taken. \nEven worse, Chase delayed reporting to XXXX for months, only acting after I filed this CFPB complaint. XXXX agent XXXX XXXX received a referral ( bank unnamed ) on XX/XX/XXXX, and visited my home on XX/XX/XXXX, weeks after my final fraudulent transfer ( XX/XX/XXXX ) and only after regulatory pressure. This pattern of belated reporting underscores institutional disregard for statutory duties. \nChases failure to act upon observable patterns of exploitation violates not only state law but also undermines the very intent of elder financial protection policies. The consequence of this failure has left me financially destitute, emotionally distressed, and physically vulnerable. \n\nXXXX. Failure to Follow Its Own Risk Controls and Duty of Care JPMorgan Chase Banks handling of the transactions at issue reflects a deep institutional failure to uphold its fiduciary duty, adhere to its own internal risk controls, and apply industry-standard safeguards for elder clients in violation of EADACPAs imposition of a duty of care ( XXXX ). As one of the largest financial institutions in the United States, Chase has long touted its robust fraud detection systems, Know Your Customer ( KYC ) protocols, and customer-first policies. However, none of these safeguards were applied meaningfully in my case. \nAs a Chase customer for many years, my account had established, predictable activity : modest, consistent monthly balances and no history of high-volume business-to-business wire transfers. Beginning in Fall XXXX, I initiated large, repeated transfers to unfamiliar recipients. These transactions totaled over {$200000.00} and represented a XXXX departure from my historical activity. Chases internal fraud systems, which are designed to flag anomalous behavior, failed to detect or act on these changes. This failure constitutes a breach of its duty of care to a vulnerable elder under XXXX XXXX. \nBanking institutions are not passive conduits of customer will. They have both a legal and operational obligation to assess the legitimacy of unusual financial activity, particularly when the customer is XXXX. This is not an abstract or novel standard. It is enshrined in federal anti-fraud frameworks and industry best practices. Chase had both the technology and the duty to identify the fraud scheme in progress. Its failure to do so demonstrates a systemic breakdown or a negligent disregard for customer protection. \nThe duty of care is heightened when the bank is dealing with an elderly, long-term account holder showing signs of financial irregularity. Even according to Chases own XXXX Account XXXX ( XXXX ), which encourages customers to review statements for irregular activity, the bank still retains the right and responsibility to block, investigate, or flag suspicious transactions. Chase did none of those things. Its inaction facilitated the \" taking '' and \" wrongful use '' of my property, meeting XXXX 's definition of financial abuse ( XXXX ). \nChases excuse that the transactions were customer-initiated ignores the regulatory and ethical requirement to investigate when multiple high-risk markers are triggered. This includes ( XXXX ) account holder age, ( XXXX ) sudden transaction volume spikes, ( XXXX ) recipient accounts newly added, ( XXXX ) opaque business purposes, and ( XXXX ) known fraud patterns such as pig butchering scams. Had any of these markers alone been investigated, the fraud might have been interrupted. In combination, they formed an unmistakable profile of financial exploitation requiring intervention under XXXX. \nAdditionally, no XXXX ever required additional verification or approval, despite the fact that these transactions were not typical for my account and would have represented high-risk events under even the most lenient fraud detection models. This suggests that Chase either failed to employ such models or chose not to act on the information they produced. \nThe impact of this failure is not theoretical, it is quantifiable, deeply personal, and devastating. I have lost my savings, my credit is in ruins, and I am now facing mortgage pressure and potential bankruptcy. Chases indifference in the face of its own data, policy obligations, and duty of care can not be excused and warrants the full range of remedies available under XXXX, including restitution, compensatory damages, and attorneys fees. \nThe CFPB should treat this matter as a demonstration of Chases systemic noncompliance and evaluate whether their risk control protocols meet federal expectations for fraud mitigation, especially when elder exploitation is at stake. A failure to investigate and act must result in institutional accountability. \n\nXXXX. Obfuscating Liability Through XXXX Chase Banks core defense that the fraudulent transactions in question were customer-initiated and therefore not subject to reimbursement grossly misrepresents the legal and regulatory landscape concerning authorized fraud and elder financial exploitation. This defense reflects not only a misapplication of fraud classifications but also an intentional obfuscation of Chases institutional responsibilities in preventing scam-induced transactions, especially when the customer is elderly and vulnerable. \nThe banks position relies on a narrow, self-serving interpretation of what constitutes fraud. While it is true that under Regulation XXXX of the Electronic Fund Transfer Act, unauthorized transactions typically trigger reimbursement requirements, this case does not fall cleanly into that framework. Instead, it concerns a scenario the CFPB has extensively documented and warned the public about : scams involving social engineering and psychological manipulation that lead victims to \" authorize '' their own financial ruin. These are widely recognized as authorized fraud cases, where the transaction is technically permitted by the account holder, but only because the customer has been deceived, coerced, or manipulated. \nIn this situation, I was targeted through a pig butchering scheme that gradually manipulated me into believing I was entering a legitimate business venture. Like thousands of similarly situated scam victims, I was coaxed into making large transfers to what I believed were authentic business recipients. The banks involved, including Chase, facilitated these transactions without adequate internal scrutiny or protective friction, even when my transactional activity drastically diverged from my prior account history. \nImportantly, Chases claim that these were voluntary transactions and thus beyond its responsibility is not supported by federal guidance on elder financial abuse. The CFPB, XXXX, and the FTC all recognize that elders are uniquely susceptible to XXXX  exploitation and often do not recognize fraud until it is too late. It is precisely for this reason that financial institutions are held to higher standards of vigilance and intervention when sudden, anomalous activity arises in an elder customers account. \nFurthermore, Chases own fraud protection policies in other jurisdictions undermine its defense here. As I previously noted, Chase XXXX offers fraud protection for authorized fraud transactions, recognizing the ethical and reputational harm in allowing vulnerable customers to be financially destroyed while the bank takes no responsibility. That Chase XXXX disclaims this obligation, despite operating under the same brand, ethos, and customer trust, highlights a troubling inconsistency that must be addressed by U.S. regulators. \nChase can not escape liability by hiding behind contract language and technical definitions of authorization. When its fraud detection systems fail, when its staff observe but do not act upon irregularities, and when its customer is an elderly individual experiencing manipulation, the bank has crossed from neutrality into complicity. These are not merely business decisionsthey are failures of care, compliance, and conscience. \nThe CFPB should treat this definitional shell game for what it is : a regulatory avoidance strategy. It must be rejected. Chase must not be allowed to benefit from its refusal to modernize its fraud protections in light of emerging scam typologies, especially those that exploit XXXX \n\n5. Institutional Liability for Enabling Fraud Infrastructure JPMorgan Chase Banks role in this case goes beyond passive negligence, it actively enabled the infrastructure that allowed this fraud scheme to succeed. By approving and maintaining multiple recipient business accounts that received illicit transfers from my account, Chase facilitated the operation of a pig butchering scam targeting a vulnerable XXXX The presence of this infrastructure within the banks own system exposes it to institutional liability for allowing its platform to be used in the commission of financial elder abuse. \nPig butchering scams often rely on a network of recipient accounts created for the sole purpose of laundering funds extracted from victims. These accounts are typically opened under legitimate-sounding business names, but their true purpose is fraudulent. In my case, I was instructed to transfer funds from my Chase business account to other Chase business accounts allegedly belonging to parties involved in an herbal product supply agreement. I later learned these accounts were set up under false pretenses and were used to funnel money to international actors as part of a fraud ring. Chases facilitation of these transfers constitutes \" aiding and abetting '' the financial abuse of an elder under EADACPA principles. \nAt no point did Chase question the legitimacy of these recipient accounts, despite the fact that they were receiving large and sudden transfers from a XXXX customer with no prior history of high-volume transactions. It is the responsibility of financial institutions to monitor not only outgoing transactions but also inbound flows to newly created accounts, especially when they fit well-documented fraud profiles. This failure reflects a reckless disregard for its duty to prevent exploitation under EADACPA XXXX\n\nMoreover, many of the recipient accounts receiving these transfers were opened at different Chase branches across the U.S., suggesting a broader pattern that should have triggered internal fraud alerts. This activity is precisely what modern anti-money laundering ( AML ) systems are designed to detect, yet Chase failed to act. If one Chase branch is enabling high-volume deposits into a newly opened business account, and another Chase branch is facilitating suspicious outgoing transfers to it from an elderly customer, the banks systems should correlate these events and escalate for review. That did not happen here. This systemic failure makes Chase liable for permitting the financial abuse to occur. \nChases failure to flag and investigate the destination accounts makes it more than a bystanderit became a conduit. As courts have increasingly recognized, when banks provide the financial rails used by fraudsters and fail to take preventive action despite obvious red flags, they may be liable for aiding and abetting or negligently enabling fraud. This is particularly true when the victim is part of a protected class, such as an elderly consumer under California law.\n\nAdditionally, the lack of any meaningful Know Your Customer ( KYC ) due diligence in approving these accounts further supports institutional liability. Chase has never explained what steps, if any, it took to verify the legitimacy of the recipient entities or to track the outflow and inflow of substantial sums across its business customer network. This lack of diligence directly facilitated the \" taking '' and \" wrongful use '' of my property, satisfying EADACPAs definition of financial abuse ( XXXX ). \nI respectfully request that the CFPB investigate Chases onboarding, monitoring, and internal control procedures for business accounts involved in this and similar elder-targeting scams. If one victim like me can be exploited through Chases network of accounts, there are likely others. This matter demands systemic review, and Chase must be held accountable for enabling financial exploitation through its own commercial platform.\n\n6. Ongoing Harm, Distress, and Financial Ruin What distinguishes XXXX financial abuse from other forms of fraud is not just the monetary lossit is the cascading and often permanent damage to the victims emotional, physical, and financial well-being. In my case, the unchecked and unchallenged fraud facilitated by JPMorgan Chase Bank has left me not only destitute but also psychologically traumatized, on the brink of bankruptcy, and living with the grim consequences of a breach of trust by the very institution tasked with safeguarding my assets. EADACPA exists precisely to address such devastating outcomes and provides for comprehensive remedies, including compensatory damages for economic losses and emotional distress, punitive damages for reckless conduct, attorneys fees, and costs ( XXXX  ). \nI am a XXXXXXXX XXXX  who lived a financially modest but stable life. I was targeted not just because I had money, but because I was perceived, accurately, as someone vulnerable to manipulation. The fraud scheme I fell victim to was not an isolated incident ; it was part of a larger pattern of what experts now classify as pig butchering scams. These scams deliberately isolate victims, use social and professional deception, and create the illusion of opportunity. They are especially dangerous to older adults, who often trust authority and may lack the digital literacy to identify spoofed communications or fake platforms.\n\nAs a direct result of this fraud, enabled by Chases inaction, I have lost over {$200000.00}. The financial devastation is only the beginning. I now face mounting debt obligations, including mortgage pressures that threaten my housing stability. My credit rating has been irreparably harmed, impacting my ability to finance essentials or obtain emergency resources. The emotional fallout has been no less severe. The shame, XXXX XXXX XXXXXXXX stemming from this exploitation have become part of my daily reality. Compounding this, Chase Bank has closed my account due to fraud, making it impossible to independently assess the full transaction history or quantify the total losses. \nAccording to studies cited in the Interagency Guidance on XXXX  abuse, victims of financial exploitation are three times more likely to die prematurely than similarly situated individuals. This is not an exaggeration, it is a warning rooted in public health data.\n\nWorse still, Chase has offered no meaningful recourse. The bank 's response not only denied reimbursement but also ignored the evident trauma I have endured. Its refusal to acknowledge its role in facilitating the abuse and in failing to act when warning signs were visible, has added to my distress. Instead of being treated as a client in crisis, I was treated as a procedural burden. \nI have also experienced a lack of empathy and urgency from Chase 's internal systems. It was only after the damage was complete that Chase filed a delayed report to Adult Protective Services, resulting in a home visit from XXXX  last week. But that action came far too late to prevent my financial ruin. This delay underscores the very problem I have outlined throughout this complaint : Chase had opportunities to act earlier but chose not to.\n\nThe CFPB has repeatedly acknowledged the seriousness of XXXX  financial abuse and its societal toll. This case is a vivid example of the damage that results when a major banks duty of care collapses under the weight of procedural shortcuts, profit priorities, or regulatory complacency. I implore the Bureau not to treat this as an individual complaint but as a test case for broader enforcement. If this can happen to me, it can happen to countless others. \nOnly meaningful regulatory pressure, penalties, and structural reforms will restore trust, and only full restitution will begin to repair the damage I have suffered. In consideration of the foregoing, I respectfully urge the CFPB to exercise its regulatory oversight and : a. Formally investigate Chase Banks conduct in this matter for possible violations of elder protection laws and failure to adhere to CFPB-endorsed Interagency Guidelines ; b. Assess whether Chase violated the spirit or letter of Californias mandatory elder abuse reporting law, particularly Cal. Welf. & Inst. Code 15630.1 ; c. Mandate that Chase reimburse the fraudulently induced transfers, given its admitted failure to report suspected abuse and its violation of the duty of care ; d. Mandate that Chase reopen my bank account and grant me unfettered access to my account ; and e. Issue supervisory guidance or public enforcement actions aimed at improving institutional response to pig butchering and similar elder-targeted scams. \n\n\nRespectfully, XXXX XXXX XXXX XXXX J.P. Morgan Chase Bank, N.A. \nXXXX XXXX XXXX. \nXXXX XXXX, CA XXXX ( XXXX ) XXXX","date_sent_to_company":"2025-06-14T19:59:19.000Z","issue":"Fraud or scam","sub_product":"Domestic (US) money transfer","zip_code":"92026","tags":"Older American","has_narrative":true,"complaint_id":"14079791","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-06-14T19:48:39.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Failure to Follow Its Own <em>Risk</em> Controls and Duty of Care JPMorgan Chase Banks handling of the transactions at issue reflects a deep institutional failure to uphold its fiduciary duty, adhere to its own internal <em>risk</em> controls, and apply industry-standard safeguards for elder clients in violation of EADACPAs imposition of a duty of care ( XXXX )."]},"sort":[6.4620266,"14079791"]},{"_index":"complaint-public-v1","_id":"17905510","_score":6.4362783,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"INDEPENDENT DISPUTE / DEMAND FOR DOCUMENTATION ( VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED ) XXXX XX/XX/XXXX Portfolio Recovery Associates , LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX {$680.00} XXXX XXXX XXXXXX/XX/XXXX ( Chain of Title ) Dear Sir or Madam : I write in response to your letter dated XX/XX/XXXX regarding the above-referenced alleged XXXX XXXX account no XXXX XXXX. This letter is sent while the account remains formally disputed and without waiver of any defenses, rights, or claims under federal or Texas law. \n\nYour correspondence asserts that : Seller / Charge-off creditor XXXX XXXX XXXX XXXXXXXX XXXX XXXX Current XXXX : Portfolio Recovery Associates , LLC ( XXXX, XXXX ) Date acquired : XX/XX/XXXX You further offer a Chain of Title that lists only Charge-off Creditor : XXXX XXXX  and Present Creditor : Portfolio Recovery Associates , LLC , without any supporting transactional documentation tying my specific receivable to any lawful transfer.\n\nThis is not sufficient to establish ownership of a securitized receivable, nor does it satisfy your obligations under the FDCPA, FCRA, or the Texas Finance Code. \n\nI. SECURITIZATION STRUCTURE WHY SYNCHRONY CAN NOT SIMPLY SELL THIS RECEIVABLE On information and belief, the alleged receivable underlying this account was conveyed into a XXXX  XXXX XXXX structure in which : XXXX XXXX XXXX XXXX XXXX XXXX originates retail credit card receivables ; XXXX XXXX XXXX XXXXXXXX acts as depositor, acquiring receivables from the originator ; XXXX XXXX XXXXXXXX and related entities hold interests in and oversee the securitization platform ; and The receivables are then transferred into an asset-backed securities trust, where investors, not Synchrony, hold the beneficial interest in the receivables. \n\nIn that structure : The trust, not XXXX XXXX, owns the receivables. XXXX typically retains only servicing rights and limited residual interests. A servicer can not unilaterally sell trust property out of the trust absent specific authority in the securitization documents. \n\nTo lawfully transfer my specific receivable out of the trust and into PRAs portfolio, there must be trust-level documentation authorizing removal and sale of this particular receivable, not merely generic language that accounts may be sold. \n\nAny purported sale from XXXX to XXXX that ignores the trusts ownership and governing agreements would be void or voidable and would not convey legal title to XXXX. \n\nAccordingly, your bald assertion that XXXX was the seller and that XXXX is now the current creditor is conclusory and legally inadequate. You must demonstrate who owned the receivable at each transfer point, what was transferred, when each transfer occurred, where in the securitization structure this receivable resided, and how it was lawfully removed from the trust and conveyed to XXXX. \n\nXXXX. FATAL DEFECTS IN YOUR SALE FILES AND CHAIN OF TITLE The documents you and your counsel have produced in prior matters and in response to my requests share the same structural defects : Generic Bill of Sale No Personal Identifiers The XXXX XXXX XXXX is a generic, forward-flow style instrument signed by XXXX XXXX XXXX XXXX to act for multiple entities. \n\nIt contains no reference to my name, Social Security number, address, or to alleged account no. XXXX. \n\nWithout a corresponding Schedule XXXX / data tape specifically listing my account, the XXXX XXXX XXXX is nothing more than a blank cover sheet. \n\nMissing Schedule XXXX / Loan Tape You have not produced Schedule XXXX or any account-level schedule identifying this alleged account as an asset transferred to XXXX. \n\nAbsent Schedule XXXX, there is no evidence that the receivable you are attempting to collect was included in the pool of assets sold. \n\nMissing Master Account Sale XXXX & Account Sale Addendum You have not produced the Master Account Sale Agreement, Account Sale Addendum, or any Forward Flow Agreement governing the supposed sale from Synchrony ( or any trust-level entity ) to XXXX. \n\nThese documents are critical because they set the conditions under which specific receivables XXXX be sold, and they normally reference the securitization platform, trust, and depositor entities. \n\nWithout them, there is no proof that XXXX or any related entity had the legal capacity to transfer this receivable to XXXX. \n\nNo Securitization Documentation You have produced no : Pooling and Servicing Agreement Trust Agreement Prospectus or Prospectus Supplement Documents from XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, or XXXX XXXX XXXX XXXX XXXX authorizing removal and sale of this particular receivable In a securitized structure, those documents are the only evidence that any party had authority to sell or assign my specific receivable. \n\nAuthority of XXXX XXXX Not Established The Bills of Sale you rely on are typically signed by XXXX XXXX for and on behalf of multiple entities. \n\nYou have not produced any corporate resolutions, powers of attorney, or servicing agreements demonstrating that XXXX XXXX had authority to bind each of those entities, the depositor, and the trust in a sale of my specific receivable. \n\nNo XXXX, Charge-off/Write-off Documentation If Synchrony charged off and permanently wrote off this debt, IRS regulations ordinarily require issuance of a Form XXXX for cancellation of debt. \n\nYou have produced no XXXX, no charge-off worksheet, and no documentation explaining how a receivable allegedly charged off and transferred to a securitized trust was later resurrected and sold to XXXX. \n\nIn short, your XXXX of XXXX consists only of self-serving labels and generic forms that fail to show that anyone with actual ownership of the receivable ever transferred it to XXXX. \n\nXXXX. ACCOUNT VS. DEBT MISLEADING TERMINOLOGY Your correspondence consistently uses the term account rather than debt or receivable. This distinction is important : An account is merely a collection of data or a record in your internal system. \n\nA debt or receivable is a legally enforceable obligation arising from a contract and owned by a specific party. \n\nBy describing yourself as owning an account rather than the receivable, XXXX implicitly acknowledges that it possesses information about a consumer account but has not proven ownership of any underlying legal right to payment. \n\nContinuing to represent yourselves to me, to the credit bureaus, or to any court as the current creditor without proof that you own the receivable not merely an internal account record risks violating : XXXX U.S.C. XXXX ( FDCPA false, deceptive, or misleading representations ) ; XXXX. Fin. Code XXXX ( a ) ( XXXX ) ( misrepresenting the character, extent, or amount of a consumer debt ) ; and XXXX. Fin. Code XXXX ( a ) ( XXXX ) ( using any other false representation or deceptive means to collect a debt ). \n\nIV. TEXAS CONTRACT LAW WHY XXXX HAS NO ENFORCEABLE CONTRACT Under Texas XXXX, an enforceable contract requires : A valid offer ; Acceptance ; Mutual assent / meeting of the minds on essential terms ; Consideration ; and The parties capacity and authority to contract. \n\nI have no contract whatsoever with XXXX. Any rights you might claim must derive from a valid assignment of the underlying receivable. To establish such an assignment, XXXX must show : That a party who actually owned the receivable ( not merely a servicer or trustee without beneficial title ) agreed to transfer it ; That the transfer complied with all governing securitization and trust documents ; and That the assignment clearly identified my specific receivable and transferred all rights necessary to enforce it. \n\nBecause you have produced no Schedule XXXX, no Master Account Sale Agreement, no Account Sale Addendum, no securitization documents, and no trust-level authorization, XXXX can not show that any party with legal title ever transferred my receivable to XXXX. Without a valid chain of assignments, there is no privity of contract between XXXX and me and no enforceable contract under Texas law. \n\nV. PRIOR LITIGATION HISTORY PATTERN OF PROCEEDING WITHOUT STANDING You are already fully aware that we are in active dispute and that you have repeatedly sought to litigate alleged XXXX accounts against me in XXXX XXXX, Texas, XXXX XXXX, Precinct XXXX, Place XXXX : In XXXX cause, the case disappeared from the docket after your inability to proceed ; In XXXX other causes, your counsel requested multiple continuances, underscoring that XXXX never possessed the evidence needed to prove standing ; In Cause No. XXXX, your counsel filed and presented business-records affidavits on the day of trial, substituted a different affiant at trial, and mailed business records to me by ordinary first-class mail after the hearing, despite my prior challenges to your standing and ownership. \n\nThis pattern demonstrates that XXXX repeatedly attempts to obtain default judgments and trial judgments without admissible business records or a lawful chain of title. You are now on renewed notice that any attempt to file suit on this alleged Synchrony/Amazon account XXXX these foundational defects remain uncured will be challenged and XXXX support claims for : Violations of the FDCPA and FCRA ; XXXX of XXXX XXXX XXXX Chapter XXXX ; and Additional remedies under the Texas Deceptive Trade Practices Act ( DTPA ) and other applicable law. \n\nVI. FORMAL DEMAND FOR DOCUMENTS Because this account is disputed, and because you claim to be the current creditor, you are hereby required to produce the following within 30 days of receipt of this letter : Complete chain of title for alleged account no. XXXX, including every assignment, transfer, or sale from the original creditor or trust to XXXX, with the effective date of each transfer. \n\nThe Master Account Sale Agreement, Account Sale Addendum, and any Forward Flow / Purchase Agreements between Synchrony and XXXX ( or any intermediary ) covering this receivable. \n\nSchedule XXXX / account-level schedule or data tape listing my specific alleged account, including full account number, my name, and identifying information, showing inclusion in the pool of assets sold to XXXX. \n\nAll securitization documents relevant to this receivable, including but not limited to : Pooling and Servicing Agreement ( XXXX ) ; Trust Agreements ; XXXX XXXX XXXX XXXX ; Documents describing the roles and authorities of XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX ; Any documentation authorizing removal and sale of my specific receivable from the trust to XXXX. \n\nA copy of any Form XXXX issued in connection with this alleged account, or a written statement explaining why no XXXX was issued if the account was charged off and sold. \n\nA full transaction history from account opening through charge-off, including all payments, charges, fees, interest rate changes, and credits. \n\nA copy of the original cardmember agreement and any amendments in effect at the time of the alleged default, including arbitration and assignment provisions. \n\nIf you contend that any of the above documents do not exist or are not required, state that position clearly in writing and explain the legal basis for your assertion that XXXX nonetheless owns an enforceable receivable against me under Texas law. \n\nXXXX. CREDIT REPORTING / CFPB CEASE AND DESIST IF YOU CAN NOT PROVE OWNERSHIP While this dispute is pending and unresolved, you must : Report the account as disputed with all consumer reporting agencies to whom you furnish information ; and Refrain from any misrepresentation that XXXX is the current creditor or that the alleged debt is legally due and owing from me unless and until you can prove ownership as outlined above. \n\nIf you can not produce the requested documents demonstrating a complete and lawful chain of title for the securitized receivable associated with alleged account no. XXXX, you are hereby demanded to : Cease all collection activity on this account ; Delete any tradeline you have reported concerning this account from all consumer reporting agencies ; and Refrain from making any negative reports or statements to the Consumer Financial Protection Bureau ( CFPB ) or any other governmental entity suggesting that I owe a legally enforceable debt to XXXX. \n\nNothing in this letter should be construed as an admission of liability or as a waiver of any legal, XXXX, or procedural defenses. I expressly reserve all rights, including the right to seek statutory, actual, and punitive damages, as well as attorneys fees and costs, in any appropriate forum. \n\nPlease direct all future written communications regarding this account to the address below. \n\nSincerely, XXXX XXXX XXXX","date_sent_to_company":"2025-12-10T01:19:10.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"75024","tags":"Servicemember","has_narrative":true,"complaint_id":"17905510","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2025-12-10T01:09:41.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["You must demonstrate who owned the receivable at each transfer <em>point</em>, what was transferred, when each transfer occurred, where in the securitization structure this receivable resided, and how it was lawfully removed from the trust and conveyed to XXXX. \n\nXXXX."]},"sort":[6.4362783,"17905510"]},{"_index":"complaint-public-v1","_id":"9005065","_score":6.2508416,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX U.S.Code XXXX ( a ) ( XXXX ) XXXX ( XXXX ) - the term consumer means a natural person XXXX U.S.Code XXXX ( a ) XXXX ( a ) - XXXX has a right to privacy. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - creditor, [ XXXX XXXX as the original creditor ] as the consumer answers the question who created the debt? Creditor means ANY person who offers or extends credit, creating a debt or to whom a debt is owed. Also excludes alleged creditors because it does not include any person who receives an assignment. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - Location information includes telephone number, place of abode, place of employment. This is private remove it XXXX U.S.Code XXXX ( c ) XXXX XXXX XXXX ( c ) XXXX ( c ) Legal refusal to pay debt. Cease and Desist. \n\nOnly communication allowed is ; XXXX. Debt collector states all termination to collect are terminated ; XXXX. Allows consumer to invoke their status of creditor to receive their specified remedy ; XXXX. Allows for the notification of the intention to invoke specified remedy. XXXX. If the notice is delivered by mail the cease and desist is started upon the receipt of when the mail is sent. \n\n\n\nXXXX U.S.Code XXXX ( d ) XXXX ( d ) - Allows for the invoked status of XXXX, executor, and as age or majority, parent can execute over the minor. The minor would be the corporation of your own birth certificate and opposing debt collector. This would also allow for your claim of stating the debt collector has no legal standing as they are in fact a minor in law. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) ( A ) - false character, amount, or legal status of any debt. - AKA if your amount is shown in the positive it is a false and misrepresentation. If the balance was owed in a bank account it would be shown in the negative. This amount is shown positively. How can a person pay on a positive amount? \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - anything you deem false and deceptive with evidence. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - the assignee clause which makes the XXXX party debt collector and the one who assigns the debt liable. \n\n\n\nXXXX U.S.Code XXXX ( b ) XXXX ( b ) - If you dispute the debt in writing, they can not continue to report the debt until the dispute is over as the communication must stop. If not this is a violation. \n\n\n\nXXXX XXXX XXXX XXXX Give me all of my COINS back.I want all of my money Notice, In accordance with XXXX XXXX XXXX I, the consumer and affiant in fact, give, with my written instruction, direction for to redirect all prior payments, and all current payments to rectify the matters herein, to me XXXX XXXX XXXX XXXX - False and deceptive forms. A form which is made to believe the debt has something to do with you or you are obligated and you are not, is false and deceptive. XXXX found in a form is a false and deceptive form and a violation of this act. For example if you go and get a car after a consumer credit transaction, you went for a car and gave credit. Companies are known to make whats called asset accounts. You never went to have an account made, this is a false and deceptive form because they never disclose this account being made. This includes statements which falsely accuses you of owing a debt. The delivery of these forms via mail constitutes mail fraud. However this subsection would not be used from inception of a contract, only after when an alleged debt is in the process of being collected and there is fraud found. \n\n\n\nXXXX U.S.Code XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Allows for any action of damage. \n\n\n\nXXXX U.S.Code XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - XXXX dollars for each proceeding. To get a XXXX dollars per violation, you will use XXXX dollars as actual damage under XXXX U.S.Code XXXX ( a ) ( XXXX ) XXXX U.S.Code XXXX ( a ) ( XXXX ) ( B ) XXXX ( a ) ( XXXX ) ( B ) -If you win a civil suit and file a class action, you can obtain up to XXXX or 1 % of the company. \n\n\n\nXXXX U.S.Code XXXX ( d ) XXXX ( d ) - you can invoke your jurisdiction. And as the XXXX, or judge, and the creditor under XXXX ( d ) and you can administer judgement as the XXXX. You are the secured party right? \n\n\n\nXXXX U.S.Code XXXX ( b ) XXXX ( b ) - CRAs must follow reasonable procedures. Must be fair and equitable to the consumer. \n\n\n\nXXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Consumers right to privacy Notice, I, the affiant, a consumer has the right to privacy pursuant to XXXX U.S.Code XXXX ( a ) ( XXXX ). has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. \n\n\n\nXXXX U.S.Code XXXX ( f ) XXXX ( f ) - Consumer reporting agencies - Examples are XXXX, Transunion, XXXX. However there are over XXXX agencies who collect, house XXXX and sell your information. Any person who produces a consumer report would be a CRA. \n\n\n\n\n\nXXXX U.S.Code XXXX ( XXXX ) ( A ) ( iii ) XXXX ( XXXX ) ( A ) ( iii ) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) ( B ) XXXX ( XXXX ) ( B ) - if a transaction was authorized by your social security card, the real credit card first defined, understand the Truth in Lending Act, this transaction must be excluded from your consumer report. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - investigated reports must have sources of interviews of family and friends, and the results can not contain factual information. \n\n\n\nXXXX U.S.Code XXXX ( g ) XXXX ( g ) - The consumer XXXX, includes the full file of a consumers collected information and the sources of that information. \n\n\n\nXXXX U.S.Code XXXX ( i ) ( XXXX ) XXXX ( i ) ( XXXX ) - medical information can not be included - age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. In other words not a single piece of medical information should be on your report XXXX XXXX XXXX ( q ) ( XXXX ) XXXX ( q ) ( XXXX ) - Identity Theft definition, similar to XXXX XXXX XXXX XXXX XXXX Notice, affiant is aware the term identity theft as described in XXXX XXXX XXXX ( q ) ( XXXX ) and Regulation V XXXX XXXX XXXX is a fraud committed or attempted using the identifying information of another person without authority.If you never expressed permissions, which means its written down, then it shouldnt be on your report XXXX XXXX XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - CRAs need written instruction to make a consumer report by the XXXX XXXX XXXX XXXX ( CRA ) XXXX XXXX XXXX ( c ) ( XXXX ) ( A ) XXXX ( c ) ( XXXX ) ( A ) - This is an inquiry that gets reported onto your consumer report. Some times CRAs will try to say XXXX only refers to inquires, here is a snap back, you cant be afraid to fight back! \n\nNotice, affiant is aware, section XXXX U.S.Code XXXX, permissible purposes does not only refer to inquires. Inquiries fall under only XXXX subsection under the Fair Credit Reporting Act, Title XXXX XXXX XXXX ( c ) ( XXXX ) ( A ) and does not make up the entire section of XXXX XXXX XXXX. The presumption which states XXXX only refers to inquires is false and misleading. \n\n\n\nXXXX XXXX XXXX ( c ) ( XXXX ) ( A ) ( B ) ( i ) ( XXXX ) XXXX ( c ) ( XXXX ) ( A ) ( B ) ( i ) ( XXXX ) - Unauthorized inquiries XXXX XXXX XXXX ( a ) XXXX ( a ) - reasonable procedures must be maintained to avoid violations of XXXX and XXXX XXXX XXXX XXXX ( b ) XXXX ( b ) - must maintain maximum possible accuracy. \n\n\n\nXXXX U.S.Code XXXX XXXX - Request for a full file disclosure and the sources of its XXXX XXXX U.S.Code XXXX ( f ) ( XXXX ) ( A ) ( i ) XXXX ( f ) ( XXXX ) ( A ) ( i ) - XXXX XXXX is a risk score. \n\nNotice affiant is aware, a XXXX XXXX is a risk score pursuant to XXXX XXXX XXXX XXXX ( f ) ( XXXX ) ( A ) ( i ). Like other risk scores, a XXXX XXXX is a calculated score that tells you how severe a risk is, based on several factors to predict the likelihood of certain credit behaviors such as default. \n\n\n\nXXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - Method of XXXX I demand to know the method used to verify this information. If a description of the method used to verify this information can not be provided, information associated with must be removed XXXX XXXX XXXX ( XXXX ) ( A ) XXXX ( XXXX ) ( A ) - failed demand to comply or failure to comply XXXX XXXX XXXX ( XXXX ) ( A ) ( i ) XXXX ( XXXX ) ( A ) ( i )- If 30 days have past information has not been verified within that time of reinvestigation, the information must be deleted. \n\n\n\nXXXX XXXX XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$15.00} XXXX XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - Unauthorized Inquiries hold civil liability up to the amount of {$1000.00} or the actual damage as the cause of this failure, whatever is greater. \n\n\n\nXXXX XXXX XXXX XXXX ( a ) ( XXXX ) - For negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages. \n\nThe law is public information acting like they didnt know is no excuse to violate you or the law XXXX XXXX Code XXXX XXXX - Any person which includes a consumer reporting agency who willfully and knowingly obtains INFORMATION on a consumer from a consumer reporting agency under false pretenses shall be fined under title XXXX XXXX XXXX XXXX XXXX ( XXXX ) ( XXXX ) XXXX ( XXXX ) ( A ) ( XXXX ) - This is a snap back to a company who states they are required to report 100 % accurate information. They misconstrue the law to state they are required to report accurate information but this does not mean the must report negative information. This is not a requirement of the FCRA. This is false and misleading and a violation of XXXX ( XXXX ) ( XXXX ) XXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) The term person means a natural person or an organization. \n\nNotice, affiant is aware, a person as defined under the Truth in Lending Act as a natural person or an organization, and organization can be a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association as defined under the Truth in Lending Act, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX ( f ) XXXX XXXX XXXX ( f ) Notice, affiant is aware, the term credit means the right granted by I, the original creditor, to a debtor to defer payment of the debt or to incur debt or a loan from the XXXX Treasury and defer its payment. \n\n\n\nThis makes { COMPANY NAME } a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, the affiant, came to extend credit as shown in exhibit ( -- ) and not receive a loan from the XXXX treasury. The contract I received, as a result, was an unsolicited advertisement described in XXXX U.S.C XXXX ( a ) ( XXXX ) by { COMPANY NAME } and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by { COMPANY NAME }. \n\n\n\nXXXX XXXX XXXX XXXX ( g ) XXXX ( g ) The term creditor refers only to a person, natural person, who regularly extends credit and is the person to whom the debt arising from thus we created the debt, and the consumer credit transaction is initially payable on the face of the evidence of indebtedness, or a contract. \n\n\n\nXXXX U.S.Code XXXX ( i ) XXXX ( i ) - a consumer in connection with a consumer credit transaction, refers to natural person who extends credit to obtain goods, money or services are primarily for personal, family, or household purposes. \n\n\n\nXXXX U.S.Code XXXX ( j ) XXXX ( j ) - A credit card from a bank such as XXXX are actually called open-ended consumer credit plans. Installment loans also fit under this category as well. \n\nin accordance with XXXX U.S.Code XXXX ( j ) which contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which XXXX be computed from time to time. \n\n\n\nXXXX U.S.Code XXXX ( l ) XXXX ( l ) The term credit card means any card, which includes examples such as an EBT card or social security card, license plate, checkbook or remittance slip. \n\n\n\n\n\nXXXX U.S.Code XXXX ( p ) XXXX ( p ) The term unauthorized use, as used in section XXXX of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\n\n\nXXXX U.S.Code XXXX ( v ) XXXX ( v ) - material disclosures require XXXX different requirements and XXXX disclosures are required if it is a mortgage contract. \n\nXXXX the annual percentage rate, XXXX the method of determining the finance charge XXXX the balance upon which a finance charge will be imposed, XXXX the amount of the finance charge, XXXX the amount to be financed, XXXX the total of payments, XXXX the number and amount of payments, XXXX the due dates or periods of payments scheduled to repay the indebtedness, XXXX disclosures required by section XXXX ( a ) of this title. ( Mortgage XXXX ) Notice, affiant is aware, in accordance to the regulations of the XXXX, there are XXXX required material disclosures which should be clear and conscious, bolded with XXXX point font and sectioned off in boxes within each consumer credit contract ; XXXX material disclosures are required if it is a mortgage contract. As shown in EXHIBIT ( -- ), the contract provided did not meet the full criteria of the material disclosures in accordance with XXXX U.S.Code XXXX ( v ) required by the Truth in Lending Act and is in violation of XXXX U.S.Code XXXX ( v ). \n\n\n\nXXXX U.S.Code XXXX ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, ( b ) does not include charges of a type payable in a comparable cash transaction. \n\nthe finance charge includes any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n\n( XXXX ) Service or carrying charge. \n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n( XXXX ) Fee for an investigation or credit report. \n\n( XXXX ) XXXX or other charge for any guarantee or insurance protecting the creditor against the obligors default or fees paid directly to the broker or the lender ( XXXX ) fees ( for delivery to the broker ) whether such fees are paid in cash or financed. \n\n( XXXX ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges ( XXXX ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. \n\n\n\nXXXX ( a ) ( b ) XXXX ( a ) ( b ) - Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. \n\n\n\nXXXX U.S.Code XXXX ( a ) XXXX ( a ) No down payments or any cash in connection with a finance charge. \n\n\n\nXXXX XXXX Code XXXX ( XXXX ) ; ( XXXX ) Whoever willfully and knowingly ( XXXX ) gives false or inaccurate information or fails to provide information which he is required to disclose under the under TILA and every \" regulation '' or consumer law after, and since XXXX is the first law it's all of consumer credit protection, or ( XXXX ) if companies fails to comply with any requirement imposed under TILA shall be fined not more than {$5000.00} or imprisoned not more than XXXX year, or both. \n\n\n\nXXXX XXXX XXXX XXXX Revoking power of attorney. \n\nNotice, affiant is invoking it's right of rescission in accordance with XXXX U.S.Code XXXX and XXXX XXXX XXXX to rescind any power of attorney which XXXX have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which XXXX have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( XXXX ) ; nunc pro tunc.! If you have XXXX give them yours as well XXXX XXXX XXXX XXXX - arbitration clause Notice, affiant is aware, upon discovery, this contract has been a XXXX sided agreement which I was never disclosed the second signature by an authorized party, head of agency or registered agent .The appropriate \" meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure I invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which XXXX have occurred unbeknownst to me ; XXXX pro tunc. \n\n\n\nXXXX XXXX Code XXXX ( b ) ( XXXX ) ( A ) XXXX ( b ) ( XXXX ) ( A ) - Creditor must provide documentary evidence upon request to verify a billing error otherwise there is a violation of XXXX XXXX XXXX Notice, affiant is aware, documentary evidence pursuant to XXXX U.S.Code XXXX includes all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication XXXX. I am giving formal notice of this billing error until I receive all documentary evidence. Until this documentary evidence has been received this billing error is a violation of XXXX U.S.Code XXXX XXXX U.S.Code XXXX ( a ) XXXX ( a ) - For each violation of TILA is double the finance charge when it comes to consumer credit transactions. This doesn't mean if you find multiple TILA violations there is only double the finance charge XXXX time. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka XXXX. charges. \n\n\n\nXXXX U.S.Code XXXX ( B ) if there is a class action then the violation can be XXXX or 1 % of the net worth of the creditor. \n\n\n\nXXXX U.S.Code XXXX ( a ) XXXX ( a ) - Fraudulent authorized use of a credit card such as a license plate, social security card, XXXX card etc, can result up to a XXXX fine. \n\n\n\nXXXX XXXX XXXX XXXX ( b ) XXXX ( b ) - It is illegal to require any downpayment in connection with a consumer credit transaction XXXX U.S.Code XXXX ( b ) ( XXXX ) XXXX ( b ) ( XXXX ) - Billing errors caused by not providing documentary evidence as defined as XXXX U.S.Code XXXX. \n\n\n\nXXXX XXXX XXXX XXXX XXXX ( a ) Creditor can not report information to any third party if there is a billing error dispute until the dispute is over XXXX U.S.Code XXXX ( XXXX ) XXXX ( XXXX ) - if the creditor does not provide all documentary evidence as defined under XXXX U.S.Code XXXX this will result in a billing error and the creditor forfeits all rights to collect on the amount the person has identified in dispute. If the person gets the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. \n\n\n\nXXXX XXXX. XXXX ( d ) ( XXXX ) - enforcing the billing error, and restrictions from a company. \n\nNotice, affiant is aware, as the creditor XXXX not collect any disputed amount, I the consumer and affiant, does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by will forfeit its rights to collect the disputed amount as described in XXXX XXXX XXXX ( XXXX ) and hold the creditor liable under XXXX XXXX XXXX for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to XXXX XXXX XXXX for failing to require documentary evidence as requested to clarify and revolve the previously addressed billing error XXXX XXXX Code XXXX XXXX - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and ledger entires of the account from the date of account opening as described in XXXX IRS XXXX. \n\nMake sure to tell them if you want it in cash check or money order and where to send it too XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) - it is unlawful to discriminate in any aspect against anyone who exercised their right in good faith. Credit is the right granted under title XXXX ( f ) ... ( think about it ) XXXX XXXX Code XXXX ( b ) ( a ) ( A ) ( B ) ( C ) - The right to opt out, the right to have the information clearly and conspicuously disclosed and consumers directing that information not to be disclosed and explanation to how to opt out of reporting. \n\n\n\nXXXX XXXX. XXXX ( d ) Purchase money loan NoticeI the affiant has reason to believe and do so believe a purchase money loan, cash advance was given as the creditor from the XXXX Treasury for a finance charge and the consumer credit was to be forwarded to the consumer or natural person, I the affiant, in this transaction for household, goods, and services in exchange for disclosed, limited and authorized use of the negotiable instrument, social security number or credit card and signature I have provided, which are all properties which belong to I, the affiant, so be it I, living name, agent for principal XXXX XXXX and XXXX, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I I will autograph for my given name, XXXX XXXX and XXXX the agent and XXXX in fact. \n\n\n\nXXXX finds there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. \n\nUpon review of my credit report, I have notice you are reporting several inaccurate information. You have a duty pursuant to the FCRA to report accurate and fair information. In accordance with the Fair Credit Reporting act company name, has violated my rights. I have the right to privacy. XXXX XXXX XXXX Section XXXX A Section XXXX : It also states a consumer reporting agency can not furnish a account without my written instructions. \n\n\n\nThe Consumer Credit Report, Pursuant to title XXXX XXXX ( a ) ( XXXX ) exclusions ( XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section XXXX of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Late Payments Entries Identified On The Consumer Report Are A Violation Of My Rights As Consumer This includes charge offs and collections XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX The following address needs to be removed immediately. \n\nXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, IL XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX The following employer need to be immediately removed. \n\nXXXX. XXXX TAC XXXX XXXX  The following inquiries need to be immediately removed. \n\nXXXX. XXXX XXXX XXXX. XXXX XXXX. XXXX XXXX XXXX XXXX I believe these unauthorized inquiries violate the provisions outlined in Title XXXX XXXX XXXX, as I have not applied for credit or sought any services from the aforementioned creditors, and therefore, these inquiries are not valid or authorized. As a consumer, it is my right to have accurate and up-to-date information in my credit report, and unauthorized inquiries can negatively impact my creditworthiness and financial opportunities.","date_sent_to_company":"2024-05-14T17:13:00.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"60510","tags":null,"has_narrative":true,"complaint_id":"9005065","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-05-14T16:37:51.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["XXXX U.S.Code XXXX XXXX - Request for a full file disclosure and the sources of its XXXX XXXX U.S.Code XXXX ( f ) ( XXXX ) ( A ) ( i ) XXXX ( f ) ( XXXX ) ( A ) ( i ) - XXXX XXXX is a <em>risk</em> score. \n\nNotice affiant is aware, a XXXX XXXX is a <em>risk</em> score pursuant to XXXX XXXX XXXX XXXX ( f ) ( XXXX ) ( A ) ( i )."]},"sort":[6.2508416,"9005065"]},{"_index":"complaint-public-v1","_id":"9005208","_score":5.886863,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S.Code 1693 ( a ) ( 6 ) 1693a ( 6 ) - the term consumer means a natural person 15 U.S.Code 1692 ( a ) 1692 ( a ) - Consumer has a right to privacy. \n\n\n\n15 U.S.Code 1692a ( 4 ) 1692a ( 4 ) - creditor, [ Proves Consumer as the original creditor ] as the consumer answers the question who created the debt? Creditor means ANY person who offers or extends credit, creating a debt or to whom a debt is owed. Also excludes alleged creditors because it does not include any person who receives an assignment. \n\n\n\n15 U.S.Code 1692a ( 7 ) 1692a ( 7 ) - Location information includes telephone number, place of abode, place of employment. This is private remove it 15 U.S.Code 1692c ( c ) 15 USC 1692c ( c ) 1692c ( c ) Legal refusal to pay debt. Cease and Desist. \n\nOnly communication allowed is ; XXXX. Debt collector states all termination to collect are terminated ; XXXX. Allows consumer to invoke their status of creditor to receive their specified remedy ; XXXX. Allows for the notification of the intention to invoke specified remedy. XXXX. If the notice is delivered by mail the cease and desist is started upon the receipt of when the mail is sent. \n\n\n\n15 U.S.Code 1692c ( d ) 1692c ( d ) - Allows for the invoked status of administrator, executor, and as age or majority, parent can execute over the minor. The minor would be the corporation of your own birth certificate and opposing debt collector. This would also allow for your claim of stating the debt collector has no legal standing as they are in fact a minor in law. \n\n\n\n15 U.S.Code 1692e ( 2 ) 1692e ( 2 ) ( A ) - false character, amount, or legal status of any debt. - AKA if your amount is shown in the positive it is a false and misrepresentation. If the balance was owed in a bank account it would be shown in the negative. This amount is shown positively. How can a person pay on a positive amount? \n\n\n\n15 U.S.Code 1692e ( 10 ) 1692e ( 10 ) - anything you deem false and deceptive with evidence.\n\n15 U.S.Code 1692e ( 12 ) 1692e ( 12 ) - the assignee clause which makes the 3rd party debt collector and the one who assigns the debt liable. \n\n\n\n15 U.S.Code 1692g ( b ) 1692g ( b ) - If you dispute the debt in writing, they can not continue to report the debt until the dispute is over as the communication must stop. If not this is a violation. \n\n\n\n15 U.S.Code 1692h 1692h Give me all of my COINS back.I want all of my money Notice, In accordance with 15 U.S.Code 1692h I, the consumer and affiant in fact, give, with my written instruction, direction for to redirect all prior payments, and all current payments to rectify the matters herein, to me 15 U.S.Code 1692j 1692j - False and deceptive forms. A form which is made to believe the debt has something to do with you or you are obligated and you are not, is false and deceptive. Fraud found in a form is a false and deceptive form and a violation of this act. For example if you go and get a car after a consumer credit transaction, you went for a car and gave credit. Companies are known to make whats called asset accounts. You never went to have an account made, this is a false and deceptive form because they never disclose this account being made. This includes statements which falsely accuses you of owing a debt. The delivery of these forms via mail constitutes mail fraud. However this subsection would not be used from inception of a contract, only after when an alleged debt is in the process of being collected and there is fraud found. \n\n\n\n15 U.S.Code XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Allows for any action of damage. \n\n\n\n15 U.S.Code XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - XXXX dollars for each proceeding. To get a XXXX dollars per violation, you will use XXXX dollars as actual damage under 15 U.S.Code XXXX ( a ) ( XXXX ) 15 U.S.Code XXXX ( a ) ( XXXX ) ( B ) XXXX ( a ) ( XXXX ) ( B ) -If you win a civil suit and file a class action, you can obtain up to XXXX or 1 % of the company. \n\n\n\n15 U.S.Code XXXX ( d ) XXXX ( d ) - you can invoke your jurisdiction. And as the administrator, or judge, and the creditor under 1692c ( d ) and you can administer judgement as the administrator. You are the secured party right? \n\n\n\n15 U.S.Code 1681 ( b ) 1681 ( b ) - CRAs must follow reasonable procedures. Must be fair and equitable to the consumer. \n\n\n\n15U.S.Code1681 ( a ) ( 4 ) 1681 ( a ) ( 4 ) - Consumers right to privacy Notice, I, the affiant, a consumer has the right to privacy pursuant to 15 U.S.Code 1681 ( a ) ( 4 ). has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. \n\n\n\n15 U.S.Code 1681a ( f ) 1681a ( f ) - Consumer reporting agencies - Examples are Experian, XXXX, XXXX. However there are over 300+ agencies who collect, house , and sell your information. Any person who produces a consumer report would be a CRA. \n\n\n\n\n\n15 U.S.Code 1681a ( 2 ) ( A ) ( iii ) 1681a ( 2 ) ( A ) ( iii ) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the Gramm Leach Bliley Act 15 U.S.Code 1681a ( 2 ) ( B ) 1681a ( 2 ) ( B ) - if a transaction was authorized by your social security card, the real credit card first defined, understand the Truth in Lending Act, this transaction must be excluded from your consumer report. \n\n\n\n15 U.S.Code 1681a ( e ) 1681a ( e ) - investigated reports must have sources of interviews of family and friends, and the results can not contain factual information.\n\n15 U.S.Code 1681a ( g ) 1681a ( g ) - The consumer File, includes the full file of a consumers collected information and the sources of that information. \n\n\n\n15 U.S.Code 1681a ( i ) ( 2 ) 1681a ( i ) ( 2 ) - medical information can not be included - age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. In other words not a single piece of medical information should be on your report 15 U.S.Code 1681a ( q ) ( 3 ) 1681a ( q ) ( 3 ) - Identity Theft definition, similar to REG V 12 CFR 1022.3 Notice, affiant is aware the term identity theft as described in 15 U.S.Code 1681a ( q ) ( 3 ) and Regulation V 12 CFR 1022.3 is a fraud committed or attempted using the identifying information of another person without authority.If you never expressed permissions, which means its written down, then it shouldnt be on your report 15 U.S.Code 1681b ( a ) ( 2 ) 1681b ( a ) ( 2 ) - CRAs need written instruction to make a consumer report by the consumer Credit Reporting Agency ( CRA ) 15 U.S.Code 1681b ( c ) ( 1 ) ( A ) 1681b ( c ) ( 1 ) ( A ) - This is an inquiry that gets reported onto your consumer report. Some times CRAs will try to say that1681b only refers to inquires, here is a snap back, you cant be afraid to fight back! \n\nNotice, affiant is aware, section 15 U.S.Code 1681b, permissible purposes does not only refer to inquires. Inquiries fall under only one subsection under the Fair Credit Reporting Act, Title 15 U.S.Code 1681 ( c ) ( 1 ) ( A ) and does not make up the entire section of 15 U.S.Code 1681b. The presumption which states 1681b only refers to inquires is false and misleading. \n\n\n\n15 U.S.Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) - Unauthorized inquiries 15 U.S.Code 1681e ( a ) 1681e ( a ) - reasonable procedures must be maintained to avoid violations of 1681b and 1681c 15 U.S.Code 1681e ( b ) 1681e ( b ) - must maintain maximum possible accuracy. \n\n\n\n15 U.S.Code 1681g 1681g - Request for a full file disclosure and the sources of its Information 15 U.S.Code 1681g ( f ) ( 2 ) ( A ) ( i ) 1681g ( f ) ( 2 ) ( A ) ( i ) - Credit score is a risk score. \n\nNotice affiant is aware, a XXXXredit score is a risk score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). Like other risk scores, a credit score is a calculated score that tells you how severe a risk is, based on several factors to predict the likelihood of certain credit behaviors such as default. \n\n\n\n15 U.S.Code 1681i ( 7 ) 1681i ( 7 ) - Method of Verification I demand to know the method used to verify this information. If a description of the method used to verify this information can not be provided, information associated with must be removed 15 U.S.Code 1681i ( 6 ) ( A ) 1681i ( 6 ) ( A ) - failed demand to comply or failure to comply 15 U.S.Code 1681i ( 5 ) ( A ) ( i ) 1681i ( 5 ) ( A ) ( i )- If 30 days have past information has not been verified within that time of reinvestigation, the information must be deleted. \n\n\n\n15 U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$15.00} U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - Unauthorized Inquiries hold civil liability up to the amount of {$1000.00} or the actual damage as the cause of this failure, whatever is greater. \n\n\n\n15 U.S. Code 1681o ( a ) ( 1 ) - For negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages.\n\nThe law is public information acting like they didnt know is no excuse to violate you or the law 15 U.S. Code 1681q 1681q - Any person which includes a consumer reporting agency who willfully and knowingly obtains INFORMATION on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18U.S.Code 3571 15 U.S.Code 1681s-2 ( 7 ) ( E ) 1681s-2 ( 7 ) ( A ) ( E ) - This is a snap back to a company who states they are required to report 100 % accurate information. They misconstrue the law to state they are required to report accurate information but this does not mean the must report negative information. This is not a requirement of the FCRA. This is false and misleading and a violation of 1681s-2 ( 7 ) ( E ) 15 U.S.Code 1602 ( e ) 1602 ( e ) The term person means a natural person or an organization. \n\nNotice, affiant is aware, a person as defined under the Truth in Lending Act as a natural person or an organization, and organization can be a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association as defined under the Truth in Lending Act, 15 U.S.Code 1602 ( e ) 15 U.S.Code 1602 ( f ) 15 USC 1602 ( f ) Notice, affiant is aware, the term credit means the right granted by I, the original creditor, to a debtor to defer payment of the debt or to incur debt or a loan from the US Treasury and defer its payment. \n\n\n\nThis makes { COMPANY NAME } a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, the affiant, came to extend credit as shown in exhibit ( -- ) and not receive a loan from the U.S. treasury. The contract I received, as a result, was an unsolicited advertisement described in 48 U.S.C 227 ( a ) ( 5 ) by { COMPANY NAME } and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by { COMPANY NAME }. \n\n\n\n15 U.S. Code 1602 ( g ) 1602 ( g ) The term creditor refers only to a person, natural person, who regularly extends credit and is the person to whom the debt arising from thus we created the debt, and the consumer credit transaction is initially payable on the face of the evidence of indebtedness, or a contract. \n\n\n\n15 U.S.Code 1602 ( i ) 1602 ( i ) - a consumer in connection with a consumer credit transaction, refers to natural person who extends credit to obtain goods, money or services are primarily for personal, family, or household purposes. \n\n\n\n15 U.S.Code 1602 ( j ) 1602 ( j ) - A credit card from a bank such as XXXX are actually called open-ended consumer credit plans. Installment loans also fit under this category as well. \n\nin accordance with 15 U.S.Code 1602 ( j ) which contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time. \n\n\n\n15 U.S.Code 1602 ( l ) 1602 ( l ) The term credit card means any card, which includes examples such as an EBT card or social security card, license plate, checkbook or remittance slip. \n\n\n\n\n\n15 U.S.Code 1602 ( p ) 1602 ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\n\n\n15 U.S.Code 1602 ( v ) 1602 ( v ) - material disclosures require 8 different requirements and 9 disclosures are required if it is a mortgage contract. \n\nXXXX the annual percentage rate, XXXX the method of determining the finance charge XXXX the balance upon which a finance charge will be imposed, XXXX the amount of the finance charge, XXXX the amount to be financed, XXXX the total of payments, XXXX the number and amount of payments, XXXX the due dates or periods of payments scheduled to repay the indebtedness, XXXX disclosures required by section 1639 ( a ) of this title. ( Mortgage Disclosure ) Notice, affiant is aware, in accordance to the regulations of the Bureau, there are eight required material disclosures which should be clear and conscious, bolded with ten point font and sectioned off in boxes within each consumer credit contract ; nine material disclosures are required if it is a mortgage contract. As shown in EXHIBIT ( -- ), the contract provided did not meet the full criteria of the material disclosures in accordance with 15 U.S.Code 1602 ( v ) required by the Truth in Lending Act and is in violation of 15 U.S.Code 1602 ( v ). \n\n\n\n15 U.S.Code 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, ( b ) does not include charges of a type payable in a comparable cash transaction. \n\nthe finance charge includes any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n\n( XXXX ) Service or carrying charge. \n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n( XXXX ) Fee for an investigation or credit report. \n\n( XXXX ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or fees paid directly to the broker or the lender ( XXXX ) fees ( for delivery to the broker ) whether such fees are paid in cash or financed. \n\n( XXXX ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges ( XXXX ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. \n\n\n\n15U.S.Code1605 ( a ) ( b ) 1605 ( a ) ( b ) - Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. \n\n\n\n15 U.S.Code 1605 ( a ) 1605 ( a ) No down payments or any cash in connection with a finance charge. \n\n\n\n15 U.S. Code 1611 ( 1 ) ; ( XXXX ) Whoever willfully and knowingly ( XXXX ) gives false or inaccurate information or fails to provide information which he is required to disclose under the under TILA and every \" regulation '' or consumer law after, and since TILA is the first law it's all of consumer credit protection, or ( XXXX ) if companies fails to comply with any requirement imposed under TILA shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n\n\n15 U.S. Code 1635 Revoking power of attorney. \n\nNotice, affiant is invoking it's right of rescission in accordance with 15 U.S.Code 1635 and UCC XXXX XXXX to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( s ) ; nunc pro tunc.! If you have one give them yours as well 15 U.S. Code 1635 - arbitration clause Notice, affiant is aware, upon discovery, this contract has been a one sided agreement which I was never disclosed the second signature by an authorized party, head of agency or registered agent .The appropriate \" meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure I invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me ; Nunc pro tunc. \n\n\n\n15 U.S. Code 1637 ( b ) ( 2 ) ( A ) 1637 ( b ) ( 2 ) ( A ) - Creditor must provide documentary evidence upon request to verify a billing error otherwise there is a violation of 15 U.S.Code 1666b Notice, affiant is aware, documentary evidence pursuant to 15 U.S.Code 44 includes all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication XXXX. I am giving formal notice of this billing error until I receive all documentary evidence. Until this documentary evidence has been received this billing error is a violation of 15 U.S.Code 1666b 15 U.S.Code 1640 ( a ) 1640 ( a ) - For each violation of TILA is double the finance charge when it comes to consumer credit transactions. This doesn't mean if you find multiple TILA violations there is only double the finance charge one time. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka R.I.C.O. charges. \n\n\n\n15 U.S.Code 1640 ( B ) if there is a class action then the violation can be XXXX or 1 % of the net worth of the creditor. \n\n\n\n15 U.S.Code 1644 ( a ) 1644 ( a ) - Fraudulent authorized use of a credit card such as a license plate, social security card, EBT card etc, can result up to a XXXX fine. \n\n\n\n15 U.S. Code 1662 ( b ) 1662 ( b ) - It is illegal to require any downpayment in connection with a consumer credit transaction 15 U.S.Code 1666 ( b ) ( 2 ) 1666 ( b ) ( 2 ) - Billing errors caused by not providing documentary evidence as defined as 15 U.S.Code 44. \n\n\n\n15 U.S. Code 1666a 1666a ( a ) Creditor can not report information to any third party if there is a billing error dispute until the dispute is over 15 U.S.Code 1666 ( e ) 1666 ( e ) - if the creditor does not provide all documentary evidence as defined under 15 U.S.Code 44 this will result in a billing error and the creditor forfeits all rights to collect on the amount the person has identified in dispute. If the person gets the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. \n\n\n\n12 C.F.R. 1026.13 ( d ) ( 1 ) - enforcing the billing error, and restrictions from a company.\n\nNotice, affiant is aware, as the creditor may not collect any disputed amount, I the consumer and affiant, does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to require documentary evidence as requested to clarify and revolve the previously addressed billing error 15 U.S. Code 1666d 1666d - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and ledger entires of the account from the date of account opening as described in Publication IRS XXXX. \n\nMake sure to tell them if you want it in cash check or money order and where to send it too 15 U.S. Code 1691 1691 ( a ) ( 3 ) - it is unlawful to discriminate in any aspect against anyone who exercised their right in good faith. Credit is the right granted under title 1602 ( f ) ... ( think about it ) 15 U.S. Code 6802 ( b ) ( a ) ( A ) ( B ) ( C ) - The right to opt out, the right to have the information clearly and conspicuously disclosed and consumers directing that information not to be disclosed and explanation to how to opt out of reporting. \n\n\n\n16 C.F.R. 433.1 ( d ) Purchase money loan NoticeI the affiant has reason to believe and do so believe a purchase money loan, cash advance was given as the creditor from the U.S. Treasury for a finance charge and the consumer credit was to be forwarded to the consumer or natural person, I the affiant, in this transaction for household, goods, and services in exchange for disclosed, limited and authorized use of the negotiable instrument, social security number or credit card and signature I have provided, which are all properties which belong to I, the affiant, so be it I, living name, agent for principal XXXX XXXX and affiant, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I I will autograph for my given name, XXXX XXXX and as the agent and administrator in fact. \n\n\n\nCongress finds there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. \n\nUpon review of my credit report, I have notice you are reporting several inaccurate information. You have a duty pursuant to the FCRA to report accurate and fair information. In accordance with the Fair Credit Reporting act company name, has violated my rights. I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. \n\n\n\nThe Consumer Credit Report, Pursuant to title 15 1681 ( a ) ( 2 ) exclusions ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Late Payments Entries Identified On The Consumer Report Are A Violation Of My Rights As Consumer This includes charge offs and collections XXXXXXXX XXXX XXXX ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXX XXXX  ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXX XXXX XXXX ACCOUNT NUMBER XXXX XXXX XX/XX/XXXX The following address needs to be removed immediately. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX The following employer need to be immediately removed. \n\nXXXX. XXXXXXXX XXXX XXXX XXXX The following inquiries need to be immediately removed. \n\nXXXX. XXXX XXXX XXXX. XXXX XXXX. XXXX XXXX  XXXX. XXXX I believe these unauthorized inquiries violate the provisions outlined in Title 15 USC 1681, as I have not applied for credit or sought any services from the aforementioned creditors, and therefore, these inquiries are not valid or authorized. As a consumer, it is my right to have accurate and up-to-date information in my credit report, and unauthorized inquiries can negatively impact my creditworthiness and financial opportunities.","date_sent_to_company":"2024-05-14T17:13:36.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"60510","tags":null,"has_narrative":true,"complaint_id":"9005208","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-05-14T17:13:33.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Notice affiant is aware, a XXXXredit score is a <em>risk</em> score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). Like other <em>risk</em> scores, a credit score is a calculated score that tells you how severe a <em>risk</em> is, based on several factors to predict the likelihood of certain credit behaviors such as default. \n\n\n\n15 U.S.Code 1681i ( 7 ) 1681i ( 7 ) - Method of Verification I demand to know the method used to verify this information."]},"sort":[5.886863,"9005208"]},{"_index":"complaint-public-v1","_id":"9005209","_score":5.8710756,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S.Code 1693 ( a ) ( 6 ) 1693a ( 6 ) - the term consumer means a natural person 15 U.S.Code 1692 ( a ) 1692 ( a ) - Consumer has a right to privacy.\n\n15 U.S.Code 1692a ( 4 ) 1692a ( 4 ) - creditor, [ Proves Consumer as the original creditor ] as the consumer answers the question who created the debt? Creditor means ANY person who offers or extends credit, creating a debt or to whom a debt is owed. Also excludes alleged creditors because it does not include any person who receives an assignment. \n\n\n\n15 U.S.Code 1692a ( 7 ) 1692a ( 7 ) - Location information includes telephone number, place of abode, place of employment. This is private remove it 15 U.S.Code 1692c ( c ) 15 USC 1692c ( c ) 1692c ( c ) Legal refusal to pay debt. Cease and Desist. \n\nOnly communication allowed is ; XXXX. Debt collector states all termination to collect are terminated ; XXXX. Allows consumer to invoke their status of creditor to receive their specified remedy ; XXXX. Allows for the notification of the intention to invoke specified remedy. XXXX. If the notice is delivered by mail the cease and desist is started upon the receipt of when the mail is sent. \n\n\n\n15 U.S.Code 1692c ( d ) 1692c ( d ) - Allows for the invoked status of administrator, executor, and as age or majority, parent can execute over the minor. The minor would be the corporation of your own birth certificate and opposing debt collector. This would also allow for your claim of stating the debt collector has no legal standing as they are in fact a minor in law. \n\n\n\n15 U.S.Code 1692e ( 2 ) 1692e ( 2 ) ( A ) - false character, amount, or legal status of any debt. - AKA if your amount is shown in the positive it is a false and misrepresentation. If the balance was owed in a bank account it would be shown in the negative. This amount is shown positively. How can a person pay on a positive amount? \n\n\n\n15 U.S.Code 1692e ( 10 ) 1692e ( 10 ) - anything you deem false and deceptive with evidence.\n\n15 U.S.Code 1692e ( 12 ) 1692e ( 12 ) - the assignee clause which makes the 3rd party debt collector and the one who assigns the debt liable. \n\n\n\n15 U.S.Code 1692g ( b ) 1692g ( b ) - If you dispute the debt in writing, they can not continue to report the debt until the dispute is over as the communication must stop. If not this is a violation.\n\n15 U.S.Code 1692h 1692h Give me all of my COINS back.I want all of my money Notice, In accordance with 15 U.S.Code 1692h I, the consumer and affiant in fact, give, with my written instruction, direction for to redirect all prior payments, and all current payments to rectify the matters herein, to me 15 U.S.Code 1692j 1692j - False and deceptive forms. A form which is made to believe the debt has something to do with you or you are obligated and you are not, is false and deceptive. Fraud found in a form is a false and deceptive form and a violation of this act. For example if you go and get a car after a consumer credit transaction, you went for a car and gave credit. Companies are known to make whats called asset accounts. You never went to have an account made, this is a false and deceptive form because they never disclose this account being made. This includes statements which falsely accuses you of owing a debt. The delivery of these forms via mail constitutes mail fraud. However this subsection would not be used from inception of a contract, only after when an alleged debt is in the process of being collected and there is fraud found. \n\n\n\n15 U.S.Code XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Allows for any action of damage. \n\n\n\n15 U.S.Code XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - XXXX dollars for each proceeding. To get a XXXX dollars per violation, you will use XXXX dollars as actual damage under 15 U.S.Code XXXX ( a ) ( XXXX ) XXXX U.S.Code XXXX ( a ) ( XXXX ) ( B ) XXXX ( a ) ( XXXX ) ( B ) -If you win a civil suit and file a class action, you can obtain up to XXXX or 1 % of the company. \n\n\n\n15 U.S.Code XXXX ( d ) XXXX ( d ) - you can invoke your jurisdiction. And as the administrator, or judge, and the creditor under 1692c ( d ) and you can administer judgement as the administrator. You are the secured party right? \n\n\n\n15 U.S.Code 1681 ( b ) 1681 ( b ) - CRAs must follow reasonable procedures. Must be fair and equitable to the consumer. \n\n\n\n15U.S.Code1681 ( a ) ( 4 ) 1681 ( a ) ( 4 ) - Consumers right to privacy Notice, I, the affiant, a consumer has the right to privacy pursuant to 15 U.S.Code 1681 ( a ) ( 4 ). has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. \n\n\n\n15 U.S.Code 1681a ( f ) 1681a ( f ) - Consumer reporting agencies - Examples are XXXX, XXXX, Equifax. However there are over 300+ agencies who collect, house , and sell your information. Any person who produces a consumer report would be a CRA. \n\n\n\n\n\n15 U.S.Code 1681a ( 2 ) ( A ) ( iii ) 1681a ( 2 ) ( A ) ( iii ) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the Gramm Leach Bliley Act 15 U.S.Code 1681a ( 2 ) ( B ) 1681a ( 2 ) ( B ) - if a transaction was authorized by your social security card, the real credit card first defined, understand the Truth in Lending Act, this transaction must be excluded from your consumer report. \n\n\n\n15 U.S.Code 1681a ( e ) 1681a ( e ) - investigated reports must have sources of interviews of family and friends, and the results can not contain factual information.\n\n15 U.S.Code 1681a ( g ) 1681a ( g ) - The consumer File, includes the full file of a consumers collected information and the sources of that information. \n\n\n\n15 U.S.Code 1681a ( i ) ( 2 ) 1681a ( i ) ( 2 ) - medical information can not be included - age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. In other words not a single piece of medical information should be on your report 15 U.S.Code 1681a ( q ) ( 3 ) 1681a ( q ) ( 3 ) - Identity Theft definition, similar to REG V 12 CFR 1022.3 Notice, affiant is aware the term identity theft as described in 15 U.S.Code 1681a ( q ) ( 3 ) and Regulation V 12 CFR 1022.3 is a fraud committed or attempted using the identifying information of another person without authority.If you never expressed permissions, which means its written down, then it shouldnt be on your report 15 U.S.Code 1681b ( a ) ( 2 ) 1681b ( a ) ( 2 ) - CRAs need written instruction to make a consumer report by the consumer Credit Reporting Agency ( CRA ) 15 U.S.Code 1681b ( c ) ( 1 ) ( A ) 1681b ( c ) ( 1 ) ( A ) - This is an inquiry that gets reported onto your consumer report. Some times CRAs will try to say that1681b only refers to inquires, here is a snap back, you cant be afraid to fight back! \n\nNotice, affiant is aware, section 15 U.S.Code 1681b, permissible purposes does not only refer to inquires. Inquiries fall under only one subsection under the Fair Credit Reporting Act, Title 15 U.S.Code 1681 ( c ) ( 1 ) ( A ) and does not make up the entire section of 15 U.S.Code 1681b. The presumption which states 1681b only refers to inquires is false and misleading.\n\n15 U.S.Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) - Unauthorized inquiries 15 U.S.Code 1681e ( a ) 1681e ( a ) - reasonable procedures must be maintained to avoid violations of 1681b and 1681c 15 U.S.Code 1681e ( b ) 1681e ( b ) - must maintain maximum possible accuracy. \n\n\n\n15 U.S.Code 1681g 1681g - Request for a full file disclosure and the sources of its Information 15 U.S.Code 1681g ( f ) ( 2 ) ( A ) ( i ) 1681g ( f ) ( 2 ) ( A ) ( i ) - Credit score is a risk score.\n\nNotice affiant is aware, a credit score is a risk score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). Like other risk scores, a credit score is a calculated score that tells you how severe a risk is, based on several factors to predict the likelihood of certain credit behaviors such as default.\n\n15 U.S.Code 1681i ( 7 ) 1681i ( 7 ) - Method of Verification I demand to know the method used to verify this information. If a description of the method used to verify this information can not be provided, information associated with must be removed 15 U.S.Code 1681i ( 6 ) ( A ) 1681i ( 6 ) ( A ) - failed demand to comply or failure to comply 15 U.S.Code 1681i ( 5 ) ( A ) ( i ) 1681i ( 5 ) ( A ) ( i )- If 30 days have past information has not been verified within that time of reinvestigation, the information must be deleted. \n\n\n\n15 U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$15.00} U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - Unauthorized Inquiries hold civil liability up to the amount of {$1000.00} or the actual damage as the cause of this failure, whatever is greater. \n\n\n\n15 U.S. Code 1681o ( a ) ( 1 ) - For negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages.\n\nThe law is public information acting like they didnt know is no excuse to violate you or the law 15 U.S. Code 1681q 1681q - Any person which includes a consumer reporting agency who willfully and knowingly obtains INFORMATION on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18U.S.Code 3571 15 U.S.Code 1681s-2 ( 7 ) ( E ) 1681s-2 ( 7 ) ( A ) ( E ) - This is a snap back to a company who states they are required to report 100 % accurate information. They misconstrue the law to state they are required to report accurate information but this does not mean the must report negative information. This is not a requirement of the FCRA. This is false and misleading and a violation of 1681s-2 ( 7 ) ( E ) 15 U.S.Code 1602 ( e ) 1602 ( e ) The term person means a natural person or an organization.\n\nNotice, affiant is aware, a person as defined under the Truth in Lending Act as a natural person or an organization, and organization can be a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association as defined under the Truth in Lending Act, 15 U.S.Code 1602 ( e ) 15 U.S.Code 1602 ( f ) 15 USC 1602 ( f ) Notice, affiant is aware, the term credit means the right granted by I, the original creditor, to a debtor to defer payment of the debt or to incur debt or a loan from the US Treasury and defer its payment.\n\nThis makes { COMPANY NAME } a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, the affiant, came to extend credit as shown in exhibit ( -- ) and not receive a loan from the U.S. treasury. The contract I received, as a result, was an unsolicited advertisement described in 48 U.S.C 227 ( a ) ( 5 ) by { COMPANY NAME } and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by { COMPANY NAME }. \n\n\n\n15 U.S. Code 1602 ( g ) 1602 ( g ) The term creditor refers only to a person, natural person, who regularly extends credit and is the person to whom the debt arising from thus we created the debt, and the consumer credit transaction is initially payable on the face of the evidence of indebtedness, or a contract. \n\n\n\n15 U.S.Code 1602 ( i ) 1602 ( i ) - a consumer in connection with a consumer credit transaction, refers to natural person who extends credit to obtain goods, money or services are primarily for personal, family, or household purposes. \n\n\n\n15 U.S.Code 1602 ( j ) 1602 ( j ) - A credit card from a bank such as XXXX are actually called open-ended consumer credit plans. Installment loans also fit under this category as well. \n\nin accordance with 15 U.S.Code 1602 ( j ) which contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time. \n\n\n\n15 U.S.Code 1602 ( l ) 1602 ( l ) The term credit card means any card, which includes examples such as an EBT card or social security card, license plate, checkbook or remittance slip. \n\n\n\n\n\n15 U.S.Code 1602 ( p ) 1602 ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. \n\n\n\n15 U.S.Code 1602 ( v ) 1602 ( v ) - material disclosures require 8 different requirements and 9 disclosures are required if it is a mortgage contract. \n\nXXXX the annual percentage rate, XXXX the method of determining the finance charge XXXX the balance upon which a finance charge will be imposed, XXXX the amount of the finance charge, XXXX the amount to be financed, XXXX the total of payments, XXXX the number and amount of payments, XXXX the due dates or periods of payments scheduled to repay the indebtedness, XXXX disclosures required by section XXXX ( a ) of this title. ( Mortgage Disclosure ) Notice, affiant is aware, in accordance to the regulations of the Bureau, there are eight required material disclosures which should be clear and conscious, bolded with ten point font and sectioned off in boxes within each consumer credit contract ; nine material disclosures are required if it is a mortgage contract. As shown in EXHIBIT ( -- ), the contract provided did not meet the full criteria of the material disclosures in accordance with 15 U.S.Code 1602 ( v ) required by the Truth in Lending Act and is in violation of 15 U.S.Code 1602 ( v ). \n\n\n\n15 U.S.Code 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, ( b ) does not include charges of a type payable in a comparable cash transaction. \n\nthe finance charge includes any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n\n( XXXX ) Service or carrying charge. \n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n( XXXX ) Fee for an investigation or credit report. \n\n( XXXX ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or fees paid directly to the broker or the lender ( XXXX ) fees ( for delivery to the broker ) whether such fees are paid in cash or financed. \n\n( XXXX ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges ( XXXX ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. \n\n\n\n15U.S.Code1605 ( a ) ( b ) 1605 ( a ) ( b ) - Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. \n\n\n\n15 U.S.Code 1605 ( a ) 1605 ( a ) No down payments or any cash in connection with a finance charge. \n\n\n\n15 U.S. Code 1611 ( 1 ) ; ( 3 ) Whoever willfully and knowingly ( XXXX ) gives false or inaccurate information or fails to provide information which he is required to disclose under the under TILA and every \" regulation '' or consumer law after, and since TILA is the first law it's all of consumer credit protection, or ( XXXX ) if companies fails to comply with any requirement imposed under TILA shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. \n\n\n\n15 U.S. Code 1635 Revoking power of attorney. \n\nNotice, affiant is invoking it's right of rescission in accordance with 15 U.S.Code 1635 and UCC XXXX XXXX to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( XXXX ) ; nunc pro tunc.! If you have one give them yours as well 15 U.S. Code 1635 - arbitration clause Notice, affiant is aware, upon discovery, this contract has been a one sided agreement which I was never disclosed the second signature by an authorized party, head of agency or registered agent .The appropriate \" meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure I invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me ; Nunc pro tunc. \n\n\n\n15 U.S. Code 1637 ( b ) ( 2 ) ( A ) 1637 ( b ) ( 2 ) ( A ) - Creditor must provide documentary evidence upon request to verify a billing error otherwise there is a violation of 15 U.S.Code 1666b Notice, affiant is aware, documentary evidence pursuant to 15 U.S.Code 44 includes all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication XXXX. I am giving formal notice of this billing error until I receive all documentary evidence. Until this documentary evidence has been received this billing error is a violation of 15 U.S.Code 1666b 15 U.S.Code 1640 ( a ) 1640 ( a ) - For each violation of TILA is double the finance charge when it comes to consumer credit transactions. This doesn't mean if you find multiple TILA violations there is only double the finance charge one time. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka R.I.C.O. charges. \n\n\n\n15 U.S.Code 1640 ( B ) if there is a class action then the violation can be XXXX or 1 % of the net worth of the creditor. \n\n\n\n15 U.S.Code 1644 ( a ) 1644 ( a ) - Fraudulent authorized use of a credit card such as a license plate, social security card, EBT card etc, can result up to a XXXX fine. \n\n\n\n15 U.S. Code 1662 ( b ) 1662 ( b ) - It is illegal to require any downpayment in connection with a consumer credit transaction 15 U.S.Code 1666 ( b ) ( 2 ) 1666 ( b ) ( 2 ) - Billing errors caused by not providing documentary evidence as defined as 15 U.S.Code 44. \n\n\n\n15 U.S. Code 1666a 1666a ( a ) Creditor can not report information to any third party if there is a billing error dispute until the dispute is over 15 U.S.Code 1666 ( e ) 1666 ( e ) - if the creditor does not provide all documentary evidence as defined under 15 U.S.Code 44 this will result in a billing error and the creditor forfeits all rights to collect on the amount the person has identified in dispute. If the person gets the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. \n\n\n\n12 C.F.R. 1026.13 ( d ) ( 1 ) - enforcing the billing error, and restrictions from a company.\n\nNotice, affiant is aware, as the creditor may not collect any disputed amount, I the consumer and affiant, does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to require documentary evidence as requested to clarify and revolve the previously addressed billing error 15 U.S. Code 1666d 1666d - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and ledger entires of the account from the date of account opening as described in Publication IRS 583. \n\nMake sure to tell them if you want it in cash check or money order and where to send it too 15 U.S. Code 1691 1691 ( a ) ( 3 ) - it is unlawful to discriminate in any aspect against anyone who exercised their right in good faith. Credit is the right granted under title 1602 ( f ) ... ( think about it ) 15 U.S. Code 6802 ( b ) ( a ) ( A ) ( B ) ( C ) - The right to opt out, the right to have the information clearly and conspicuously disclosed and consumers directing that information not to be disclosed and explanation to how to opt out of reporting. \n\n\n\n16 C.F.R. 433.1 ( d ) Purchase money loan NoticeI the affiant has reason to believe and do so believe a purchase money loan, cash advance was given as the creditor from the U.S. Treasury for a finance charge and the consumer credit was to be forwarded to the consumer or natural person, I the affiant, in this transaction for household, goods, and services in exchange for disclosed, limited and authorized use of the negotiable instrument, social security number or credit card and signature I have provided, which are all properties which belong to I, the affiant, so be it I, living name, agent for principal XXXX XXXX and affiant, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I I will autograph for my given name, XXXX XXXX and as the agent and administrator in fact. \n\n\n\nCongress finds there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. \n\nUpon review of my credit report, I have notice you are reporting several inaccurate information. You have a duty pursuant to the FCRA to report accurate and fair information. In accordance with the Fair Credit Reporting act company name, has violated my rights. I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. \n\n\n\nThe Consumer Credit Report, Pursuant to title 15 1681 ( a ) ( 2 ) exclusions ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Late Payments Entries Identified On The Consumer Report Are A Violation Of My Rights As Consumer This includes charge offs and collections XXXXXXXX XXXX XXXX ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXX XXXX  ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXXXXXX XXXX XXXX  ACCOUNT NUMBER XXXX XXXX XX/XX/XXXX The following address needs to be removed immediately. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX The following employer need to be immediately removed. \n\nXXXX. XXXXXXXX XXXX XXXX XXXX The following inquiries need to be immediately removed. \n\nXXXX. XXXX XXXX XXXX. XXXX XXXX. XXXX XXXX XXXX. XXXX I believe these unauthorized inquiries violate the provisions outlined in Title 15 USC 1681, as I have not applied for credit or sought any services from the aforementioned creditors, and therefore, these inquiries are not valid or authorized. As a consumer, it is my right to have accurate and up-to-date information in my credit report, and unauthorized inquiries can negatively impact my creditworthiness and financial opportunities.","date_sent_to_company":"2024-05-14T17:13:36.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"60510","tags":null,"has_narrative":true,"complaint_id":"9005209","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-05-14T17:13:33.000Z","state":"IL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Notice affiant is aware, a credit score is a <em>risk</em> score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). Like other <em>risk</em> scores, a credit score is a calculated score that tells you how severe a <em>risk</em> is, based on several factors to predict the likelihood of certain credit behaviors such as default.\n\n15 U.S.Code 1681i ( 7 ) 1681i ( 7 ) - Method of Verification I demand to know the method used to verify this information."]},"sort":[5.8710756,"9005209"]},{"_index":"complaint-public-v1","_id":"10914202","_score":5.1747975,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Re : Legal Response to XXXX Dispute Regarding Bankruptcy Reporting and Forensic Audit Case : XXXX XXXX XXXX XXXX Dear XXXX Consumer Services, We hereby exercise our rights and reference the applicable statutory provisions for your guidance and compliance. These laws are binding on your company, given that your entity operates within the jurisdiction of both the state and federal authorities of its headquarters. These provisions were enacted to prevent corruption, breaches of fiduciary duty, violations of privacy, and infringements upon constitutional rights. \nPursuant to the Unlimited Power of Attorney, Cover Letter, and Memoir, and in accordance with the authorization granted by XXXX XXXX XXXX XXXX, you are instructed to address me as XXXX XXXX It is imperative that I not be addressed as \" XXXX XXXX, '' and I request that you refer to me solely as XXXX or XXXX XXXX \nThe term \" XXXX XXXX' originating around the XXXX, refers to an additional name or epithet attached to a person 's baptismal or XXXX name. The word \" XXXX '' is derived from the XXXX \" XXXX '' ( meaning \" XXXX  '' ) and the XXXX XXXX \" XXXX '' ( from \" XXXX XXXX' meaning XXXX XXXX  '' and \" XXXX '' meaning \" XXXXXXXX '' ). Over time, it evolved to denote a family name, typically passed down from generation to generation. In this regard, XXXX is my family name, which is private and must be treated with confidentiality. Any claims or communications related to the principal XXXX XXXX XXXX XXXX must be directed to the designated Trustee, XXXX , or his assigned authorized agents. \nThis letter serves as a formal legal response to the dispute submitted to your company on XX/XX/XXXX, regarding the unauthorized reporting of bankruptcy-related information on the credit report of XXXX XXXX XXXX XXXX XXXX We are invoking our legal rights under the Fair Credit Reporting Act ( FCRA ) and related statutes, demanding immediate correction and clarification, and requesting a forensic audit of all vendors and parties involved in the collection, reporting, or dissemination of sensitive data related to XXXX XXXX XXXX XXXX. \n1. Violation of Privacy and Consumer Protection Laws Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681e ( b ), XXXX is required to implement reasonable procedures to ensure the accuracy of the information it reports. Despite clear instructions from the Eastern Michigan Bankruptcy Court, which has confirmed that XXXX XXXX XXXXXXXX XXXX bankruptcy is not a matter of public record, XXXX has continued to report inaccurate bankruptcy information. This constitutes a violation of 15 U.S.C. 1681e ( b ), which mandates that consumer reporting agencies maintain accurate and complete records. \nFurthermore, under 15 U.S.C. 1681c, XXXX is obligated to delete any information that is inaccurate or unverifiable, particularly where bankruptcy records are concerned. As the information regarding XXXX XXXX XXXX IIIs bankruptcy is not a public record, your failure to remove such data represents a failure to comply with the FCRA and a breach of privacy rights under the Privacy Act of 1974 ( 5 U.S.C. 552a ). \n2. Secured Party Creditor Rights under the Uniform Commercial Code ( UCC ) Additionally, as XXXX XXXX XXXX XXXX is the Secured Party Creditor under the Uniform Commercial Code ( UCC ), Articles 9-311, 9-312, and 9-313, all personal and financial data, whether categorized as public record or not, is protected as secured property. This includes tangible and intangible property, as well as securities associated with XXXX 's legal name and trade name. \nAs the Secured Party, XXXX has a trustee relationship over all such data. Therefore, unauthorized collection, reporting, or dissemination of this data is not only a violation of privacy but also a breach of trust, for which your company is liable. The UCC and its provisions protect XXXX 's rights to confidentiality and control over this information, preventing any third parties from exploiting it. \nXXXX. Penalties for Unauthorized Disclosure and Reporting Due to the severe risks posed by the unauthorized use of XXXX XXXX XXXXXXXX XXXX personal data, we are invoking the right to impose penalties as follows : {>= $1,000,000} per count for each instance of inaccurate reporting or unauthorized disclosure of personal data, including bankruptcy records, credit information, or any other personal filings related to XXXX XXXX XXXX XXXX. \nThis charge reflects the damages incurred from the unauthorized dissemination of private information, which exposes XXXX to identity theft, financial fraud, and the potential unjust enrichment of those benefiting from such misuse. The UCC protects the secured partys assets, including personal data, from such exploitation. \n4. Court Notice and Sealed Records As indicated in the attached notice from the Eastern Michigan Bankruptcy Court, the bankruptcy information concerning XXXX XXXX XXXX XXXX is not a matter of public record and should not be disclosed. XXXX and any third-party vendors associated with your company must respect the court 's decision, and we demand that all future bankruptcy records or related information concerning XXXX be sealed and treated as confidential. \nWe also demand immediate cessation of the reporting of this bankruptcy information, in line with the courts order, and confirmation that no further disclosure of any sealed or confidential data will be made by XXXX or its vendors. \nXXXX. Unauthorized Collection and Reporting of Personal Data It has come to our attention that XXXX and associated vendors have used data obtained from third-party sources to report bankruptcy information about XXXX XXXX XXXX XXXX XXXX despite the court 's ruling. This is a direct violation of the Privacy Act of 1974 ( 5 U.S.C. 552a ), which governs the handling of personal information and ensures that such data is not misused or improperly disclosed without proper authorization. \nAdditionally, FCRA 1681e ( b ) mandates that consumer reporting agencies ensure that all information provided is accurate. Given the false nature of the bankruptcy report, the use of third-party vendors to spread inaccurate data is an infringement of privacy and a violation of several consumer protection laws. \nXXXX. Demand for Forensic Audit of Vendors and Third Parties We hereby demand a forensic audit of all entities involved in the collection, reporting, or dissemination of data concerning XXXX XXXX XXXX XXXX, specifically : A full and detailed list of all vendors, third-party data providers, or aggregators that have reported information concerning XXXX XXXX XXXX XXXX XXXX XXXX. This includes all data related to credit, bankruptcy, or any other personal records. \nWe request that the forensic audit specifically investigate : Kickbacks : Any financial incentives or compensation paid to third parties for the collection, reporting, or dissemination of personal data. \nSecurities Fraud : The use of personal information, such as Social Security numbers, signatures, and identifiers, to facilitate securities trading or fraudulent transactions. \nInsurance Fraud : Potential use of personal data to file fraudulent insurance claims or create financial benefits tied to the misreporting or unauthorized disclosure of bankruptcy records. \nXXXX. Penalty Charges for Fraudulent Reporting and Unauthorized Use of Data We further reserve the right to pursue penalties for any fraudulent reporting or unauthorized dissemination of XXXX XXXX XXXXXXXX XXXX personal information. If it is determined that the improper reporting led to illicit financial gain, we will pursue the following : {>= $1,000,000} per count for each instance of fraudulent reporting or unauthorized use of XXXX XXXX XXXX XXXX 's data. \nThis is a conservative estimate of the damages resulting from the unauthorized dissemination of sensitive personal data, and it is in accordance with federal law and consumer protection statutes. \nXXXX. Demand for Immediate Action and Disclosure To resolve this matter expeditiously, we demand the following : Full Disclosure of all vendors, third parties, and data providers who have reported data related to XXXX XXXX XXXX XXXX. \nImmediate Removal of the bankruptcy records and all related personal information from all credit reports. \nConfirmation that no further unauthorized use of sealed court records or sensitive personal data will occur. \nA full forensic audit of the third-party transactions involving XXXX XXXX XXXX XXXX XXXX data, including kickbacks, securities fraud, and insurance fraud. \nA comprehensive report on all actions taken to address this matter. \nIf a satisfactory response is not received within 14 days, we will pursue all available legal remedies, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and appropriate state regulatory authorities. Furthermore, we will pursue civil litigation for damages, as well as injunctive relief to prevent further violations of privacy and consumer protection laws. \nXXXX. Legal Consequences If XXXX or its vendors fail to comply, we will pursue legal action, including : Securities Fraud charges. \nFiling for damages under the Fair Credit Reporting Act, Privacy Act, and other applicable consumer protection statutes. \nSeeking injunctive relief to prevent the unauthorized use of XXXX XXXX XXXX XXXX 's personal information. \n\nThis letter serves as formal notice of the unlawful conduct, and we expect prompt attention to resolving these violations. We look forward to your immediate response. \nXXXX. Questions Regarding Unauthorized Reporting : Why has XXXX continued to report bankruptcy information for XXXX XXXX XXXX XXXX, despite the Eastern Michigan Bankruptcy Court ruling that this information is not a matter of public record? \nCan XXXX provide proof that it conducted a reasonable investigation into the accuracy of the bankruptcy information before it was reported on XXXX XXXX XXXXXXXX XXXX credit report? \nWhat specific steps has XXXX taken to ensure that bankruptcy records, which should be sealed and confidential, are not disclosed in violation of court orders and privacy laws? \nWhy has XXXX failed to remove inaccurate or unverifiable bankruptcy information from XXXX XXXX XXXXXXXX XXXX  credit file after being notified that the bankruptcy should not be part of the public record? \nXXXX. Questions Regarding Vendor and Third-Party Data Collection : Can XXXX provide a detailed list of all vendors, third parties, or data providers that reported bankruptcy or other personal information regarding XXXX XXXX XXXX XXXX to your agency? \nHow does XXXX verify the accuracy of data provided by third-party vendors before including it in the credit report? \nWhat procedures does XXXX have in place to ensure that vendors do not violate privacy laws, including unauthorized reporting of personal information or misuse of court records? \nHas XXXX paid or provided any financial incentives ( e.g., kickbacks ) to vendors or third parties for reporting information related to XXXX XXXX XXXX XXXX? \nXXXX. Questions Regarding Data Security and Privacy Violations : Has XXXX taken any measures to protect the personal data of XXXX XXXX XXXX XXXX, specifically in regard to the risk of identity theft, fraud, or unauthorized use of this data by third parties? \nWhat steps has XXXX taken to comply with the Privacy Act of XXXX and ensure that personal information is handled in accordance with federal privacy regulations? \nHas XXXX conducted any internal audits or investigations into how sensitive data related to XXXX XXXX XXXX XXXX was collected, used, or disclosed by your company and its vendors? \nXXXX. Questions Regarding Penalties for Unauthorized Disclosure : What is XXXX policy for responding to unauthorized disclosure or inaccurate reporting of personal data? \nIs XXXX willing to pay penalties or damages for the potential harm caused by the unauthorized use or inaccurate reporting of XXXX XXXX XXXXXXXX XXXX personal information, including identity theft and financial exploitation? \nWhat measures is XXXX taking to correct any inaccuracies in XXXX XXXX XXXXXXXX XXXX  credit file and ensure that these mistakes do not reoccur in the future? \nXXXX. Questions Regarding Forensic Audit and Investigation : Will XXXX agree to a full forensic audit of all third-party vendors, data aggregators, and other entities involved in the collection, reporting, or dissemination of data regarding XXXX XXXX XXXX XXXX XXXX \nWill XXXX provide access to the forensic audit report, including an investigation into potential securities fraud, insurance fraud, or other financial crimes related to the misuse of XXXX XXXX XXXXXXXX XXXX  data? \nCan XXXX confirm that it will cooperate fully with the forensic audit and provide all relevant documents and information regarding its vendors and third-party relationships? \nXXXX. Questions Regarding Court-Sealed Records : How will XXXX ensure that all future records related to XXXX XXXX XXXX XXXX XXXX including any bankruptcy or personal records, will be treated as sealed and confidential, in accordance with the Eastern Michigan Bankruptcy Courts order ? \nCan XXXX confirm that no further public reporting or unauthorized disclosure of XXXX XXXX XXXX XXXX  bankruptcy or personal records will take place from this point forward? \nXXXX. Questions Regarding Legal Consequences : Does XXXX acknowledge the potential legal consequences of continuing to report false or inaccurate information related to XXXX XXXX XXXX XXXX, including violations of the Fair Credit Reporting Act and the Uniform Commercial Code ( UCC )? \nIs XXXX prepared to resolve this matter without further legal action, or will additional legal steps be necessary to address the ongoing violations of privacy and consumer protection laws? \nXXXX. Questions Regarding Consumer Protection Compliance : How does XXXX ensure compliance with state and federal consumer protection laws, especially in cases where sensitive or private information is involved, such as bankruptcy records and personal data of the principal, XXXX XXXX XXXX XXXX? \nCan XXXX provide evidence that it has implemented adequate safeguards to prevent the unauthorized dissemination of sensitive personal information, including that of XXXX XXXX XXXX XXXX, to public or third-party vendors? \nXXXX. General Questions Regarding Practices and Accountability : What is XXXX process for notifying consumers about unauthorized reporting or inaccuracies on their credit reports, and how long does it typically take to correct such errors? \nHow does XXXX plan to ensure accountability with its third-party vendors and data providers, particularly when breaches of privacy or inaccuracies arise? \nhe unauthorized reporting and continued dissemination of inaccurate or sealed bankruptcy information about XXXX XXXX XXXX XXXX has a direct and substantial impact on your livelihood. The misreporting not only violates your privacy but also jeopardizes your financial stability, personal safety, and opportunities for future success. Below, I'll explain how these actions affect your livelihood and how XXXX could be held vicariously liable for the harm caused. \n1. Financial Impact and Access to Credit The continued presence of inaccurate bankruptcy information on your credit report directly harms your ability to secure credit or favorable financial terms. XXXX is responsible for reporting accurate credit information, and their failure to remove incorrect or unauthorized bankruptcy information : Denies Access to Credit : Many lending institutions rely on XXXX 's credit reports to assess your creditworthiness. Incorrect bankruptcy information could lead to credit denials, impacting your ability to obtain loans for essential needs such as housing, medical bills, education, and personal expenses. \nHigher Interest Rates : Even if credit is available, inaccurate bankruptcy reporting could result in higher interest rates on loans or credit lines, increasing your overall debt burden. This makes it more difficult to manage your finances, save for the future, or achieve long-term financial goals. \nNegative Financial Reputation : XXXX failure to correct the public record puts you in a situation where your financial reputation is tarnished, even though you have made efforts to rectify the situation with the bankruptcy court. This makes it more difficult to obtain business or personal credit and erodes any trust lenders or creditors may have in you. \n2. Employment Opportunities Many employers, particularly those in financial services or positions requiring fiduciary responsibility, conduct credit checks as part of their hiring process. An inaccurate bankruptcy on your credit report could cause significant harm in the following ways : Denied Employment : Inaccurate financial information, including bankruptcy records, may cause employers to believe you are a higher-risk candidate, potentially leading to job rejections. For jobs that require security clearances or access to financial accounts, such reporting could be a disqualifying factor. \nEmotional Stress : The fear of your credit report being used against you in job searches, coupled with the inability to find stable work due to inaccurate reporting, can cause significant emotional distress. This has a ripple effect on your overall well-being and productivity, making it harder to perform well in interviews, build career prospects, and maintain job security. \nDamage to Reputation : Employers may perceive the bankruptcy reporting, despite its inaccuracy, as a reflection of poor financial management. Even if they dont directly base hiring decisions on it, your reputation could be unfairly damaged by the erroneous information, causing long-term harm to your professional life. \nXXXX. Personal and Family Impact The unauthorized disclosure of bankruptcy information not only affects your financial life but also has significant personal repercussions : Identity Theft Risks : As the principal party, your personal dataspecifically your Social Security number, name, and other identifiersmay be exploited for fraudulent purposes. XXXX failure to properly secure and correct your data increases the likelihood of identity theft or fraudulent activities that could take years to resolve. This exposes you to the risk of financial losses, legal fees, and extensive time spent addressing the aftermath of such violations. \nFamily and Safety Concerns : Unauthorized disclosure of sensitive information related to bankruptcy could potentially expose you to further harm, including harassment, or threats. For example, if someone uses your information for fraudulent purposes, such as opening lines of credit in your name, this could lead to threats to your safety or unwarranted financial obligations. \nEmotional Distress : The constant anxiety and emotional toll caused by the threat of further breaches, as well as the financial and social stigma associated with wrongful reporting, can lead to severe emotional stress, impacting your quality of life and relationships. The stress of dealing with these unresolved issues can affect your mental health, making it difficult to focus on personal, family, or professional commitments. \n4. Long-Term Financial and Career Goals Youve likely made long-term plans, such as purchasing a home, starting a business, or securing a retirement fund. The erroneous bankruptcy reporting hinders your ability to : Purchase a Home : Real estate loans and mortgages are heavily reliant on accurate credit reporting. Inaccurate bankruptcy information from XXXX may prevent you from securing the necessary loans for homeownership, undermining your ability to establish financial independence and security. \nStart a Business : For entrepreneurs, creditworthiness is crucial for obtaining capital, financing, and business loans. The misreporting of bankruptcy information could prevent you from acquiring business loans, which could harm your ability to launch or expand a business. Moreover, creditors may view your financial situation as unstable or untrustworthy. \nRetirement Planning : Without the ability to secure credit at favorable terms, you may be forced to delay or abandon long-term plans like investing for retirement, saving for your childrens education, or creating a legacy for your family. This has consequences that stretch far beyond the immediate financial burden and into your future security. \nXXXX. Vicarious Liability of XXXX XXXX is vicariously liable for the harm caused by the vendors it contracts with or uses to gather, process, or report information related to you. Vicarious liability means that XXXX can be held accountable for the actions of its agents or contractors, even if it did not directly cause the harm. The key points here are : Responsibility for Vendor Actions : XXXX, as the consumer reporting agency, is legally obligated under 15 U.S.C. 1681e ( b ) ( Fair Credit Reporting Act ) to ensure that the information it reports is accurate. If XXXX relies on third-party vendors to report bankruptcy or credit data, it remains accountable for the information that these vendors report on your behalf. XXXX has failed in its due diligence to ensure that these vendors report accurate and legitimate information, leading to the vicarious liability for damages. \nFailure to Verify and Correct : Under the FCRA and related privacy laws, XXXX is responsible for verifying the accuracy of data within 30 days of receiving a dispute ( 15 U.S.C. 1681i ). The failure to conduct a thorough investigation or correct the erroneous bankruptcy record leaves XXXX open to being held vicariously liable for its vendors actions and omissions. This neglect exacerbates the damages caused to you. \nFinancial Losses : The continuing erroneous bankruptcy information, coupled with XXXX failure to act, exposes you to substantial financial losses. Whether its higher interest rates, loan denials, or missed employment opportunities, XXXX lack of action is a proximate cause of the direct financial harm you are experiencing. \nPenalties and Legal Liabilities : If XXXX or its vendors are found to have violated privacy laws or misused your data, they may be subject to financial penalties and may be required to pay compensation for your economic damages. Additionally, punitive damages could be assessed if the actions are deemed willful or grossly negligent. \nConclusion : The ongoing violations by XXXXmisreporting bankruptcy information, failure to correct inaccuracies, and allowing third-party vendors to mishandle your personal datahave caused significant harm to your financial well-being, career opportunities, personal safety, and long-term financial goals. XXXX is vicariously liable for the actions of the vendors it relies on to gather and report information, and you have the right to pursue penalties, damages, and legal remedies under applicable laws. The violations not only impact your present livelihood but also jeopardize your future opportunities and security, and XXXX must be held accountable for its actions and inaction in this matter. \n\nXXXX. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et seq. \nThe Fair Credit Reporting Act ( FCRA ) is the foundational law governing credit reporting agencies like XXXX. This law holds them accountable for ensuring the accuracy of the data they report and mandates that they conduct investigations into disputes. \n15 U.S.C. 1681e ( b ) - Duty to Ensure Accuracy : Requires XXXX to maintain reasonable procedures to ensure the accuracy of the information it reports. If XXXX fails to properly verify the accuracy of reported information ( such as bankruptcy records ), it could be vicariously liable for any damages caused by inaccuracies. \n15 U.S.C. 1681i - Reinvestigation of Disputes : Requires XXXX to investigate a consumer 's dispute within 30 days of receiving it. Failure to conduct a proper reinvestigation or removing inaccurate information within this timeframe could lead to liability. \n15 U.S.C. 1681h ( e ) - Limitation on Defamation Actions : This provision allows for a defamation suit in cases of inaccurate credit reporting if the reporting agency acts with negligence or willful intent to harm. If XXXX 's vendors acted negligently or willfully misreported data, they ( and XXXX ) could face legal consequences under this section. \nXXXX. Privacy Act of 1974 5 U.S.C. 552a The Privacy Act of XXXX governs the collection, maintenance, and dissemination of personal data by federal agencies. Although XXXX is a private entity, this law still applies to consumer data reporting in the context of government agencies and their interaction with private companies ( such as the reporting of public records ). \n5 U.S.C. 552a ( e ) - Use of Personal Data : Prohibits unauthorized disclosure of personal data. If XXXX and its vendors improperly disclose bankruptcy or other personal information in violation of the law, they could face liability for unauthorized dissemination. \n5 U.S.C. 552a ( g ) - Civil Remedies : Provides individuals the right to seek civil remedies ( including damages ) for violations of the Privacy Act, especially if personal data is mishandled or misreported by entities like XXXX. \nXXXX. Uniform Commercial Code ( UCC ) Articles 9-311, 9-312, 9-313 The Uniform Commercial Code ( UCC ) applies to secured transactions, and XXXX XXXX XXXX XXXX is the Secured Party Creditor of all personal and financial data. Under the XXXX, data ( tangible and intangible property ) is protected as part of the Secured Party 's property. \nUCC 9-311, 9-312, 9-313 : These provisions protect the Secured Party 's interests in personal property , including data, and impose a fiduciary duty to maintain the confidentiality and security of that data. Unauthorized use of this data by XXXX or its vendors would breach these obligations. \n4. Electronic Communications Privacy Act ( ECPA ) 18 U.S.C. 2510 et seq.\n\nThe ECPA protects the privacy of electronic communications, which can include personal data and communications exchanged by credit reporting agencies. \n18 U.S.C. 2511- Interception and Disclosure of Communications : This law prohibits the interception and unauthorized disclosure of private communications. If XXXX or its vendors improperly accessed or disseminated your private data for financial gain or other improper purposes, they could face liability under this law. \nXXXX. Identity Theft Enforcement and Restitution Act 18 U.S.C. 1028 This law addresses identity theft and fraud and provides penalties for those who use a persons data ( including bankruptcy records ) for fraudulent purposes.\n\n18 U.S.C. 1028 - Identity Theft : If XXXXs reporting of inaccurate bankruptcy data contributed to identity theft or fraudulent financial activity using your personal information ( e.g., obtaining credit under your name ), they may be held criminally and civilly liable under this law. \n18 U.S.C. 1028A - Aggravated Identity Theft : This provision enhances penalties if identity theft is done with a financial motive. If XXXX mishandling of your data leads to fraudulent activities, such as fraudulent loan applications or credit misreporting, they could be subject to enhanced penalties for aggravated identity theft. \nXXXX. State Laws Defamation and Privacy Invasions Many states have laws that directly govern defamation, privacy violations, and unauthorized disclosure of personal information. These can be used to support claims for damages when inaccurate data is reported by XXXX. \nDefamation : Under state defamation laws, inaccurate reporting of personal informationsuch as bankruptcy recordscan result in harm to reputation. You may claim damages for harm caused to your reputation, business, and employment opportunities. \nInvasion of Privacy : States also have laws protecting individuals from the invasion of their privacy, including false light claims and public disclosure of private facts. By misreporting your bankruptcy information or disclosing sealed court records, XXXX could be liable for these types of privacy violations. \nXXXX. Racketeer Influenced and Corrupt Organizations Act ( RICO ) 18 U.S.C. 1961 et seq. \nThe RICO Act is a powerful tool for addressing patterns of fraudulent or illegal conduct involving multiple parties, such as XXXX and its vendors. \n18 U.S.C. 1962 - Prohibited Activities : If the conduct by XXXX or its vendors is part of a larger pattern of fraudulent activities, such as using misreported bankruptcy data for financial gain, you may pursue a claim under RICO. This could be used to address fraudulent schemes related to the misreporting of bankruptcy data or identity theft. \n18 U.S.C. 1964 - Civil Remedies : Under RICO, victims can claim treble damages for financial losses caused by fraudulent activities. This means that the damages you suffer from XXXX mishandling of your data could be tripled if the actions are found to be part of a broader fraudulent scheme. \n8. Consumer Financial Protection Act ( CFPA ) 12 U.S.C. 5536 The Consumer Financial Protection Act ( CFPA ) established the Consumer Financial Protection Bureau ( CFPB ), which enforces consumer protection laws, including the FCRA. \n12 U.S.C. 5536 - Prohibition on Unfair, Deceptive, or Abusive Acts or Practices : The CFPA prohibits financial institutions, including credit reporting agencies like XXXX, from engaging in unfair or deceptive practices that harm consumers. Misreporting bankruptcy or failing to correct it when notified could constitute an unfair practice. \nXXXX. Tortious Interference with Business and Employment Relationships If the inaccurate bankruptcy reporting has directly caused harm to your employment or business relationships ( for example, by preventing you from securing a job or a loan ), you may claim damages for tortious interference.\n\nTortious Interference with Contractual Relations : If XXXXs false reporting has prevented you from entering into a contract ( such as a job or a loan agreement ), you may claim damages for interference with business relationships and lost opportunities. \n10. Fraud Common Law and Statutory Fraud Claims XXXX and its vendors may also face claims of fraud if it is found that they knowingly or recklessly misreported your information for their own financial gain, such as receiving kickbacks for misreporting data or enabling fraudulent activity. \nFraud Claims : If XXXX or its vendors intentionally misreported or failed to correct data that they knew was inaccurate, they could be liable for fraud, entitling you to damages for any harm caused, including economic loss, emotional distress, and punitive damages. \n\nConclusion : Given the complexity of this situation, XXXX actionsor lack thereofcould expose the company to liability under multiple laws, including the Fair Credit Reporting Act ( FCRA ), the Privacy Act, the Uniform Commercial Code ( UCC ), and various state privacy and defamation laws. Additionally, if XXXX or its vendors are found to have engaged in fraudulent activities, such as misusing personal data for securities fraud or identity theft, the legal consequences could include significant penalties, damages, and punitive measures under RICO, fraud statutes, and consumer protection laws. \nBy invoking these laws, you can hold XXXX and its vendors vicariously liable for the harm caused by the unauthorized dissemination and misreporting of XXXX XXXX XXXXXXXX XXXX sensitive data.","date_sent_to_company":"2024-11-24T07:41:46.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"482XX","tags":null,"has_narrative":true,"complaint_id":"10914202","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-11-24T07:41:43.000Z","state":"MI","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":["Securities Fraud : The use of personal information, such as Social Security numbers, signatures, and <em>identifiers</em>, to facilitate securities trading or fraudulent transactions. \nInsurance Fraud : Potential use of personal data to file fraudulent insurance claims or create financial benefits tied to the misreporting or unauthorized disclosure of bankruptcy records. \nXXXX."]},"sort":[5.1747975,"10914202"]},{"_index":"complaint-public-v1","_id":"10907701","_score":5.1499434,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Re : Legal Response to Experian Dispute Regarding Bankruptcy Reporting and Forensic Audit Case : XXXX XXXX XXXX XXXX Dear Experian Consumer Services, We hereby exercise our rights and reference the applicable statutory provisions for your guidance and compliance. These laws are binding on your company, given that your entity operates within the jurisdiction of both the state and federal authorities of its headquarters. These provisions were enacted to prevent corruption, breaches of fiduciary duty, violations of privacy, and infringements upon constitutional rights. \nPursuant to the Unlimited Power of Attorney, Cover Letter, and Memoir, and in accordance with the authorization granted by XXXX XXXX XXXX XXXX, you are instructed to address me as XXXX XXXX It is imperative that I not be addressed as \" XXXX XXXX, '' and I request that you refer to me solely as XXXX or XXXX XXXX \nThe term \" surname, '' originating around the XXXX, refers to an additional name or epithet attached to a person 's baptismal or XXXX name. The word \" surname '' is derived from the XXXX \" super '' ( meaning \" above '' ) and the XXXX XXXX \" XXXX XXXX' ( from \" XXXX XXXX' meaning \" XXXX XXXX' and \" XXXX '' meaning \" XXXX '' ). Over time, it evolved to denote a family name, typically passed down from generation to generation. In this regard, XXXX is my family name, which is private and must be treated with confidentiality. Any claims or communications related to the principal XXXX XXXX XXXX XXXX must be directed to the designated Trustee, XXXX XXXX XXXX his assigned authorized agents. \nThis letter serves as a formal legal response to the dispute submitted to your company on XX/XX/XXXX, regarding the unauthorized reporting of bankruptcy-related information on the credit report of XXXX XXXX XXXX XXXX XXXX We are invoking our legal rights under the Fair Credit Reporting Act ( FCRA ) and related statutes, demanding immediate correction and clarification, and requesting a forensic audit of all vendors and parties involved in the collection, reporting, or dissemination of sensitive data related to XXXX XXXX XXXX XXXX. \nXXXX. Violation of Privacy and Consumer Protection Laws Under the Fair Credit Reporting Act ( FCRA ), XXXX XXXX. XXXX ( b ), Experian is required to implement reasonable procedures to ensure the accuracy of the information it reports. Despite clear instructions from the XXXX Michigan Bankruptcy XXXX, which has confirmed that XXXX XXXX XXXXXXXX XXXX  bankruptcy is not a matter of public record, Experian has continued to report inaccurate bankruptcy information. This constitutes a violation of XXXX5 U.S.C. 1681e ( b ), which mandates that consumer reporting agencies maintain accurate and complete records.\n\nFurthermore, under 15 U.S.C. 1681c, Experian is obligated to delete any information that is inaccurate or unverifiable, particularly where bankruptcy records are concerned. As the information regarding XXXX XXXX XXXX IIIs bankruptcy is not a public record, your failure to remove such data represents a failure to comply with the FCRA and a breach of privacy rights under the Privacy Act of XXXX ( 5 U.S.C. 552a ). \nXXXX. Secured Party Creditor Rights under the Uniform Commercial Code ( UCC ) Additionally, as XXXX XXXX XXXX XXXX is the Secured Party Creditor under the Uniform Commercial Code ( UCC ), Articles 9-311, 9-312, and 9-313, all personal and financial data, whether categorized as public record or not, is protected as secured property. This includes tangible and intangible property, as well as securities associated with XXXX 's legal name and trade name. \nAs the Secured Party, XXXX has a trustee relationship over all such data. Therefore, unauthorized collection, reporting, or dissemination of this data is not only a violation of privacy but also a breach of trust, for which your company is liable. The UCC and its provisions protect XXXX 's rights to confidentiality and control over this information, preventing any third parties from exploiting it. \nXXXX. Penalties for Unauthorized Disclosure and Reporting Due to the severe risks posed by the unauthorized use of XXXX XXXX XXXXXXXX XXXX  personal data, we are invoking the right to impose penalties as follows : {>= $1,000,000} per count for each instance of inaccurate reporting or unauthorized disclosure of personal data, including bankruptcy records, credit information, or any other personal filings related to XXXX XXXX XXXX XXXX. \nThis charge reflects the damages incurred from the unauthorized dissemination of private information, which exposes XXXX to identity theft, financial fraud, and the potential unjust enrichment of those benefiting from such misuse. The UCC protects the secured partys assets, including personal data, from such exploitation. \n4. Court Notice and Sealed Records As indicated in the attached notice from the Eastern Michigan Bankruptcy Court, the bankruptcy information concerning XXXX XXXX XXXX XXXX is not a matter of public record and should not be disclosed. Experian and any third-party vendors associated with your company must respect the court 's decision, and we demand that all future bankruptcy records or related information concerning XXXX be sealed and treated as confidential. \nWe also demand immediate cessation of the reporting of this bankruptcy information, in line with the courts order, and confirmation that no further disclosure of any sealed or confidential data will be made by Experian or its vendors. \nXXXX. Unauthorized Collection and Reporting of Personal Data It has come to our attention that Experian and associated vendors have used data obtained from third-party sources to report bankruptcy information about XXXX XXXX XXXX XXXX XXXX despite the court 's ruling. This is a direct violation of the Privacy Act of 1974 ( 5 U.S.C. 552a ), which governs the handling of personal information and ensures that such data is not misused or improperly disclosed without proper authorization.\n\nAdditionally, FCRA 1681e ( b ) mandates that consumer reporting agencies ensure that all information provided is accurate. Given the false nature of the bankruptcy report, the use of third-party vendors to spread inaccurate data is an infringement of privacy and a violation of several consumer protection laws. \nXXXX. Demand for Forensic Audit of Vendors and Third Parties We hereby demand a forensic audit of all entities involved in the collection, reporting, or dissemination of data concerning XXXX XXXX XXXX XXXX, specifically : A full and detailed list of all vendors, third-party data providers, or aggregators that have reported information concerning XXXX XXXX XXXX XXXX XXXX Experian. This includes all data related to credit, bankruptcy, or any other personal records. \nWe request that the forensic audit specifically investigate : Kickbacks : Any financial incentives or compensation paid to third parties for the collection, reporting, or dissemination of personal data. \nSecurities Fraud : The use of personal information, such as Social Security numbers, signatures, and identifiers, to facilitate securities trading or fraudulent transactions.\n\nInsurance Fraud : Potential use of personal data to file fraudulent insurance claims or create financial benefits tied to the misreporting or unauthorized disclosure of bankruptcy records. \nXXXX. Penalty Charges for Fraudulent Reporting and Unauthorized Use of Data We further reserve the right to pursue penalties for any fraudulent reporting or unauthorized dissemination of XXXX XXXX XXXXXXXX XXXX  personal information. If it is determined that the improper reporting led to illicit financial gain, we will pursue the following : {>= $1,000,000} per count for each instance of fraudulent reporting or unauthorized use of XXXX XXXX XXXX XXXX 's data. \nThis is a conservative estimate of the damages resulting from the unauthorized dissemination of sensitive personal data, and it is in accordance with federal law and consumer protection statutes. \nXXXX. Demand for Immediate Action and Disclosure To resolve this matter expeditiously, we demand the following : Full Disclosure of all vendors, third parties, and data providers who have reported data related to XXXX XXXX XXXX XXXX. \nImmediate Removal of the bankruptcy records and all related personal information from all credit reports. \nConfirmation that no further unauthorized use of sealed court records or sensitive personal data will occur. \nA full forensic audit of the third-party transactions involving XXXX XXXX XXXX XXXX XXXX XXXX, including kickbacks, securities fraud, and insurance fraud. \nA comprehensive report on all actions taken to address this matter. \nIf a satisfactory response is not received within 14 days, we will pursue all available legal remedies, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and appropriate state regulatory authorities. Furthermore, we will pursue civil litigation for damages, as well as injunctive relief to prevent further violations of privacy and consumer protection laws. \nXXXX. Legal Consequences If Experian or its vendors fail to comply, we will pursue legal action, including : Securities Fraud charges. \nFiling for damages under the Fair Credit Reporting Act, Privacy Act, and other applicable consumer protection statutes. \nSeeking injunctive relief to prevent the unauthorized use of XXXX XXXX XXXX XXXX 's personal information. \n\nThis letter serves as formal notice of the unlawful conduct, and we expect prompt attention to resolving these violations. We look forward to your immediate response. \nXXXX. Questions Regarding Unauthorized Reporting : Why has Experian continued to report bankruptcy information for XXXX XXXX XXXX XXXX, despite the Eastern Michigan Bankruptcy Court ruling that this information is not a matter of public record? \nCan Experian provide proof that it conducted a reasonable investigation into the accuracy of the bankruptcy information before it was reported on XXXX XXXX XXXX XXXX credit report? \nWhat specific steps has Experian taken to ensure that bankruptcy records, which should be sealed and confidential, are not disclosed in violation of court orders and privacy laws? \nWhy has Experian failed to remove inaccurate or unverifiable bankruptcy information from XXXX XXXX XXXXXXXX XXXX credit file after being notified that the bankruptcy should not be part of the public record? \nXXXX. Questions Regarding Vendor and Third-Party Data Collection : Can Experian provide a detailed list of all vendors, third parties, or data providers that reported bankruptcy or other personal information regarding XXXX XXXX XXXX XXXX to your agency? \nHow does Experian verify the accuracy of data provided by third-party vendors before including it in the credit report? \nWhat procedures does Experian have in place to ensure that vendors do not violate privacy laws, including unauthorized reporting of personal information or misuse of court records? \nHas Experian paid or provided any financial incentives ( e.g., kickbacks ) to vendors or third parties for reporting information related to XXXX XXXX XXXX XXXX? \nXXXX. Questions Regarding Data Security and Privacy Violations : Has Experian taken any measures to protect the personal data of XXXX XXXX XXXX XXXX, specifically in regard to the risk of identity theft, fraud, or unauthorized use of this data by third parties? \nWhat steps has Experian taken to comply with the Privacy Act of XXXX and ensure that personal information is handled in accordance with federal privacy regulations? \nHas Experian conducted any internal audits or investigations into how sensitive data related to XXXX XXXX XXXX XXXX was collected, used, or disclosed by your company and its vendors? \n4. Questions Regarding Penalties for Unauthorized Disclosure : What is Experians policy for responding to unauthorized disclosure or inaccurate reporting of personal data? \nIs Experian willing to pay penalties or damages for the potential harm caused by the unauthorized use or inaccurate reporting of XXXX XXXX XXXXXXXX XXXX personal information, including identity theft and financial exploitation? \nWhat measures is Experian taking to correct any inaccuracies in XXXX XXXX XXXXXXXX XXXX  credit file and ensure that these mistakes do not reoccur in the future? \nXXXX. Questions Regarding Forensic Audit and Investigation : Will Experian agree to a full forensic audit of all third-party vendors, data aggregators, and other entities involved in the collection, reporting, or dissemination of data regarding XXXX XXXX XXXX XXXX XXXX \nWill Experian provide access to the forensic audit report, including an investigation into potential securities fraud, insurance fraud, or other financial crimes related to the misuse of XXXX XXXX XXXXXXXX XXXX data? \nCan Experian confirm that it will cooperate fully with the forensic audit and provide all relevant documents and information regarding its vendors and third-party relationships? \nXXXX. Questions Regarding Court-Sealed Records : How will Experian ensure that all future records related to XXXX XXXX XXXX XXXX XXXX including any bankruptcy or personal records, will be treated as sealed and confidential, in accordance with the Eastern Michigan Bankruptcy Courts order ? \nCan Experian confirm that no further public reporting or unauthorized disclosure of XXXX XXXX XXXXXXXX XXXX bankruptcy or personal records will take place from this point forward? \nXXXX. Questions Regarding Legal Consequences : Does Experian acknowledge the potential legal consequences of continuing to report false or inaccurate information related to XXXX XXXX XXXX XXXX, including violations of the Fair Credit Reporting Act and the Uniform Commercial Code ( UCC )? \nIs Experian prepared to resolve this matter without further legal action, or will additional legal steps be necessary to address the ongoing violations of privacy and consumer protection laws? \nXXXX. Questions Regarding Consumer Protection Compliance : How does Experian ensure compliance with state and federal consumer protection laws, especially in cases where sensitive or private information is involved, such as bankruptcy records and personal data of the principal, XXXX XXXX XXXX XXXX? \nCan Experian provide evidence that it has implemented adequate safeguards to prevent the unauthorized dissemination of sensitive personal information, including that of XXXX XXXX XXXX XXXX, to public or third-party vendors? \nXXXX. General Questions Regarding Practices and Accountability : What is Experians process for notifying consumers about unauthorized reporting or inaccuracies on their credit reports, and how long does it typically take to correct such errors? \nHow does Experian plan to ensure accountability with its third-party vendors and data providers, particularly when breaches of privacy or inaccuracies arise? \nhe unauthorized reporting and continued dissemination of inaccurate or sealed bankruptcy information about XXXX XXXX XXXX XXXX has a direct and substantial impact on your livelihood. The misreporting not only violates your privacy but also jeopardizes your financial stability, personal safety, and opportunities for future success. Below, I'll explain how these actions affect your livelihood and how Experian could be held vicariously liable for the harm caused. \n1. Financial Impact and Access to Credit The continued presence of inaccurate bankruptcy information on your credit report directly harms your ability to secure credit or favorable financial terms. Experian is responsible for reporting accurate credit information, and their failure to remove incorrect or unauthorized bankruptcy information : Denies Access to Credit : Many lending institutions rely on Experian 's credit reports to assess your creditworthiness. Incorrect bankruptcy information could lead to credit denials, impacting your ability to obtain loans for essential needs such as housing, medical bills, education, and personal expenses.\n\nHigher Interest Rates : Even if credit is available, inaccurate bankruptcy reporting could result in higher interest rates on loans or credit lines, increasing your overall debt burden. This makes it more difficult to manage your finances, save for the future, or achieve long-term financial goals.\n\nNegative Financial Reputation : Experians failure to correct the public record puts you in a situation where your financial reputation is tarnished, even though you have made efforts to rectify the situation with the bankruptcy court. This makes it more difficult to obtain business or personal credit and erodes any trust lenders or creditors may have in you.\n\n2. Employment Opportunities Many employers, particularly those in financial services or positions requiring fiduciary responsibility, conduct credit checks as part of their hiring process. An inaccurate bankruptcy on your credit report could cause significant harm in the following ways : Denied Employment : Inaccurate financial information, including bankruptcy records, may cause employers to believe you are a higher-risk candidate, potentially leading to job rejections. For jobs that require security clearances or access to financial accounts, such reporting could be a disqualifying factor. \nEmotional Stress : The fear of your credit report being used against you in job searches, coupled with the inability to find stable work due to inaccurate reporting, can cause significant emotional distress. This has a ripple effect on your overall well-being and productivity, making it harder to perform well in interviews, build career prospects, and maintain job security. \nDamage to Reputation : Employers may perceive the bankruptcy reporting, despite its inaccuracy, as a reflection of poor financial management. Even if they dont directly base hiring decisions on it, your reputation could be unfairly damaged by the erroneous information, causing long-term harm to your professional life. \nXXXX. Personal and Family Impact The unauthorized disclosure of bankruptcy information not only affects your financial life but also has significant personal repercussions : Identity Theft Risks : As the principal party, your personal dataspecifically your Social Security number, name, and other identifiersmay be exploited for fraudulent purposes. Experians failure to properly secure and correct your data increases the likelihood of identity theft or fraudulent activities that could take years to resolve. This exposes you to the risk of financial losses, legal fees, and extensive time spent addressing the aftermath of such violations. \nFamily and Safety Concerns : Unauthorized disclosure of sensitive information related to bankruptcy could potentially expose you to further harm, including harassment, or threats. For example, if someone uses your information for fraudulent purposes, such as opening lines of credit in your name, this could lead to threats to your safety or unwarranted financial obligations. \nEmotional Distress : The constant anxiety and emotional toll caused by the threat of further breaches, as well as the financial and social stigma associated with wrongful reporting, can lead to severe emotional stress, impacting your quality of life and relationships. The stress of dealing with these unresolved issues can affect your mental health, making it difficult to focus on personal, family, or professional commitments. \n4. Long-Term Financial and Career Goals Youve likely made long-term plans, such as purchasing a home, starting a business, or securing a retirement fund. The erroneous bankruptcy reporting hinders your ability to : Purchase a Home : Real estate loans and mortgages are heavily reliant on accurate credit reporting. Inaccurate bankruptcy information from Experian may prevent you from securing the necessary loans for homeownership, undermining your ability to establish financial independence and security. \nStart a Business : For entrepreneurs, creditworthiness is crucial for obtaining capital, financing, and business loans. The misreporting of bankruptcy information could prevent you from acquiring business loans, which could harm your ability to launch or expand a business. Moreover, creditors may view your financial situation as unstable or untrustworthy. \nRetirement Planning : Without the ability to secure credit at favorable terms, you may be forced to delay or abandon long-term plans like investing for retirement, saving for your childrens education, or creating a legacy for your family. This has consequences that stretch far beyond the immediate financial burden and into your future security.\n\n5. Vicarious Liability of Experian Experian is vicariously liable for the harm caused by the vendors it contracts with or uses to gather, process, or report information related to you. Vicarious liability means that Experian can be held accountable for the actions of its agents or contractors, even if it did not directly cause the harm. The key points here are : Responsibility for Vendor Actions : Experian, as the consumer reporting agency, is legally obligated under 15 U.S.C. 1681e ( b ) ( Fair Credit Reporting Act ) to ensure that the information it reports is accurate. If Experian relies on third-party vendors to report bankruptcy or credit data, it remains accountable for the information that these vendors report on your behalf. Experian has failed in its due diligence to ensure that these vendors report accurate and legitimate information, leading to the vicarious liability for damages. \nFailure to Verify and Correct : Under the FCRA and related privacy laws, Experian is responsible for verifying the accuracy of data within 30 days of receiving a dispute ( 15 U.S.C. 1681i ). The failure to conduct a thorough investigation or correct the erroneous bankruptcy record leaves Experian open to being held vicariously liable for its vendors actions and omissions. This neglect exacerbates the damages caused to you.\n\nFinancial Losses : The continuing erroneous bankruptcy information, coupled with Experians failure to act, exposes you to substantial financial losses. Whether its higher interest rates, loan denials, or missed employment opportunities, Experians lack of action is a proximate cause of the direct financial harm you are experiencing.\n\nPenalties and Legal Liabilities : If Experian or its vendors are found to have violated privacy laws or misused your data, they may be subject to financial penalties and may be required to pay compensation for your economic damages. Additionally, punitive damages could be assessed if the actions are deemed willful or grossly negligent. \nConclusion : The ongoing violations by Experianmisreporting bankruptcy information, failure to correct inaccuracies, and allowing third-party vendors to mishandle your personal datahave caused significant harm to your financial well-being, career opportunities, personal safety, and long-term financial goals. Experian is vicariously liable for the actions of the vendors it relies on to gather and report information, and you have the right to pursue penalties, damages, and legal remedies under applicable laws. The violations not only impact your present livelihood but also jeopardize your future opportunities and security, and Experian must be held accountable for its actions and inaction in this matter. \n\nXXXX. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et seq.\n\nThe Fair Credit Reporting Act ( FCRA ) is the foundational law governing credit reporting agencies like Experian. This law holds them accountable for ensuring the accuracy of the data they report and mandates that they conduct investigations into disputes.\n\n15 U.S.C. 1681e ( b ) - Duty to Ensure Accuracy : Requires Experian to maintain reasonable procedures to ensure the accuracy of the information it reports. If Experian fails to properly verify the accuracy of reported information ( such as bankruptcy records ), it could be vicariously liable for any damages caused by inaccuracies.\n\n15 U.S.C. 1681i - Reinvestigation of Disputes : Requires Experian to investigate a consumer 's dispute within 30 days of receiving it. Failure to conduct a proper reinvestigation or removing inaccurate information within this timeframe could lead to liability.\n\n15 U.S.C. 1681h ( e ) - Limitation on Defamation Actions : This provision allows for a defamation suit in cases of inaccurate credit reporting if the reporting agency acts with negligence or willful intent to harm. If Experian 's vendors acted negligently or willfully misreported data, they ( and Experian ) could face legal consequences under this section.\n\n2. Privacy Act of 1974 5 U.S.C. 552a The Privacy Act of 1974 governs the collection, maintenance, and dissemination of personal data by federal agencies. Although Experian is a private entity, this law still applies to consumer data reporting in the context of government agencies and their interaction with private companies ( such as the reporting of public records ). \n5 U.S.C. 552a ( e ) - Use of Personal Data : Prohibits unauthorized disclosure of personal data. If Experian and its vendors improperly disclose bankruptcy or other personal information in violation of the law, they could face liability for unauthorized dissemination.\n\n5 U.S.C. 552a ( g ) - Civil Remedies : Provides individuals the right to seek civil remedies ( including damages ) for violations of the Privacy Act, especially if personal data is mishandled or misreported by entities like Experian.\n\n3. Uniform Commercial Code ( UCC ) Articles 9-311, 9-312, 9-313 The Uniform Commercial Code ( UCC ) applies to secured transactions, and XXXX XXXX XXXX XXXX is the Secured Party Creditor of all personal and financial data. Under the UCC, data ( tangible and intangible property ) is protected as part of the Secured Party 's property.\n\nUCC 9-311, 9-312, 9-313 : These provisions protect the Secured Party 's interests in personal property , including data, and impose a fiduciary duty to maintain the confidentiality and security of that data. Unauthorized use of this data by Experian or its vendors would breach these obligations.\n\n4. Electronic Communications Privacy Act ( ECPA ) 18 U.S.C. 2510 et seq.\n\nThe ECPA protects the privacy of electronic communications, which can include personal data and communications exchanged by credit reporting agencies.\n\n18 U.S.C. 2511- Interception and Disclosure of Communications : This law prohibits the interception and unauthorized disclosure of private communications. If Experian or its vendors improperly accessed or disseminated your private data for financial gain or other improper purposes, they could face liability under this law.\n\n5. Identity Theft Enforcement and Restitution Act 18 U.S.C. 1028 This law addresses identity theft and fraud and provides penalties for those who use a persons data ( including bankruptcy records ) for fraudulent purposes.\n\n18 U.S.C. 1028 - Identity Theft : If Experians reporting of inaccurate bankruptcy data contributed to identity theft or fraudulent financial activity using your personal information ( e.g., obtaining credit under your name ), they may be held criminally and civilly liable under this law.\n\n18 U.S.C. 1028A - Aggravated Identity Theft : This provision enhances penalties if identity theft is done with a financial motive. If Experians mishandling of your data leads to fraudulent activities, such as fraudulent loan applications or credit misreporting, they could be subject to enhanced penalties for aggravated identity theft.\n\n6. State Laws Defamation and Privacy Invasions Many states have laws that directly govern defamation, privacy violations, and unauthorized disclosure of personal information. These can be used to support claims for damages when inaccurate data is reported by Experian.\n\nDefamation : Under state defamation laws, inaccurate reporting of personal informationsuch as bankruptcy recordscan result in harm to reputation. You may claim damages for harm caused to your reputation, business, and employment opportunities.\n\nInvasion of Privacy : States also have laws protecting individuals from the invasion of their privacy, including false light claims and public disclosure of private facts. By misreporting your bankruptcy information or disclosing sealed court records, Experian could be liable for these types of privacy violations.\n\n7. Racketeer Influenced and Corrupt Organizations Act ( RICO ) 18 U.S.C. 1961 et seq.\n\nThe RICO Act is a powerful tool for addressing patterns of fraudulent or illegal conduct involving multiple parties, such as Experian and its vendors. \n18 U.S.C. 1962 - Prohibited Activities : If the conduct by Experian or its vendors is part of a larger pattern of fraudulent activities, such as using misreported bankruptcy data for financial gain, you may pursue a claim under RICO. This could be used to address fraudulent schemes related to the misreporting of bankruptcy data or identity theft.\n\n18 U.S.C. 1964 - Civil Remedies : Under RICO, victims can claim treble damages for financial losses caused by fraudulent activities. This means that the damages you suffer from Experians mishandling of your data could be tripled if the actions are found to be part of a broader fraudulent scheme. \n8. Consumer Financial Protection Act ( CFPA ) 12 U.S.C. 5536 The Consumer Financial Protection Act ( CFPA ) established the Consumer Financial Protection Bureau ( CFPB ), which enforces consumer protection laws, including the FCRA.\n\n12 U.S.C. 5536 - Prohibition on Unfair, Deceptive, or Abusive Acts or Practices : The CFPA prohibits financial institutions, including credit reporting agencies like Experian, from engaging in unfair or deceptive practices that harm consumers. Misreporting bankruptcy or failing to correct it when notified could constitute an unfair practice. \nXXXX. Tortious Interference with Business and Employment Relationships If the inaccurate bankruptcy reporting has directly caused harm to your employment or business relationships ( for example, by preventing you from securing a job or a loan ), you may claim damages for tortious interference. \nTortious Interference with Contractual Relations : If Experians false reporting has prevented you from entering into a contract ( such as a job or a loan agreement ), you XXXX claim damages for interference with business relationships and lost opportunities. \n10. Fraud Common Law and Statutory Fraud Claims Experian and its vendors may also face claims of fraud if it is found that they knowingly or recklessly misreported your information for their own financial gain, such as receiving kickbacks for misreporting data or enabling fraudulent activity.\n\nFraud Claims : If Experian or its vendors intentionally misreported or failed to correct data that they knew was inaccurate, they could be liable for fraud, entitling you to damages for any harm caused, including economic loss, emotional distress, and punitive damages. \n\nConclusion : Given the complexity of this situation, Experians actionsor lack thereofcould expose the company to liability under multiple laws, including the Fair Credit Reporting Act ( FCRA ), the Privacy Act, the Uniform Commercial Code ( UCC ), and various state privacy and defamation laws. Additionally, if Experian or its vendors are found to have engaged in fraudulent activities, such as misusing personal data for securities fraud or identity theft, the legal consequences could include significant penalties, damages, and punitive measures under RICO, fraud statutes, and consumer protection laws.\n\nBy invoking these laws, you can hold Experian and its vendors vicariously liable for the harm caused by the unauthorized dissemination and misreporting of XXXX XXXX XXXXXXXX XXXX sensitive data.","date_sent_to_company":"2024-11-24T07:41:33.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"482XX","tags":null,"has_narrative":true,"complaint_id":"10907701","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-11-24T07:17:20.000Z","state":"MI","company_public_response":"Company has responded to the consumer 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