{"took":219,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":543,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"11248881","_score":17.310986,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"XXXX XXXX XXXX MERCEDES-BENZ FINANCIAL SERVICES USA LLC XXXX \n\nXXXX. [ XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, TX XXXX : XXXX XXXX XXXX, XXXX, CA XXXX. ] XXXX. [ XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, TN XXXX ] XXXX. [ XXXX XXXX XXXX, XXXX XXXX, XXXX, OH XXXX ] XXXX! \n\nRe : Disputing error [ XXXX ] on credit report, Reporting Improper Repo of Vehicle, Down Payment Return. \nDear : Mercedes Benz Financial Services, I am writing to request a correction of the following information that appears on my [ XXXX, XXXX, XXXX ] consumer report : Dispute XXXX [ These are examples. Pick the ones that apply to your credit report. ] XXXX o The report shows I currently owe money to your company that I have already repaid. Attached is a Memorandum of U.C.C Codes that have been violated during the process of my contract I have been in distress due to misappropriated authorization not authorized by Myself during the repo process I was hurt and also not awarded any refund willing and available by any company member to handle my claims with respect also I wish to request that all information retained by legally authorized by me are signed by me making this repossession legal. I seek to retain my vehicle and check toward payment for emotion damages and down payment, lien release, as buyer, form 1040v for voucher was denied verbally.\n\n[ Thank you for your assistance. \nSincerely, XXXX XXXX MEMORANDUM U.S.Code 1602 ( g ) - The term \" creditor '' refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. [. ] C.F.R. 433.1 ( c ) - Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.\n\n16 C.F.R. 433.2 - NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\n\n12 C.F.R. 1026.18 H-1 Credit Sale Model Form 15 U.S.Code 1602 ( v ) - The term \" material disclosures '' means the disclosure, as required by this subchapter, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures required by section 1639 ( a ) of this title.\n\n12 C.F.R. 1026.4 ( a ) - The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparable cash transaction.\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, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. [ .. ] 15 U.S.Code 1640 ( a ) - ( jin the case of an individual action twice the amount of any finance charge in connection with the transaction, ( i ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, [. ] ] 15 U.S.Code 1611 ( a ) - gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder.\n\nPart 1. General Provisions [ Subpart 1. Short Title, Definitions, and General Concepts ] 9-101. SHORT TITLE.\n\n9-102. DEFINITIONS AND INDEX OF DEFINITIONS.\n\n9-103. PURCHASE-MONEY SECURITY INTEREST ; APPLICATION OF PAYMENTS ; BURDEN OF ESTABLISHING.\n\n9-104. CONTROL OF DEPOSIT ACCOUNT.\n\n9-105. CONTROL OF ELECTRONIC CHATTEL PAPER.\n\n9-106. CONTROL OF INVESTMENT PROPERTY.\n\n9-107. CONTROL OF LETTER-OF-CREDIT RIGHT.\n\n9-108. SUFFICIENCY OF DESCRIPTION.\n\n[ Subpart 2. Applicability of Article ] 9-109. SCOPE.\n\n9-110. SECURITY INTERESTS ARISING UNDER ARTICLE 2 OR 2A.\n\nPart 2. Effectiveness of Security Agreement; Attachment of Security Interest ; Rights of Parties to Security Agreement [ Subpart 1. Effectiveness and Attachment ] 9-201. GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.\n\n9-202. TITLE TO COLLATERAL IMMATERIAL.\n\n9-203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST ; PROCEEDS ; SUPPORTING OBLIGATIONS ; FORMAL REQUISITES.\n\n9-204. AFTER-ACQUIRED PROPERTY ; FUTURE ADVANCES.\n\n9-205. USE OR DISPOSITION OF COLLATERAL PERMISSIBLE.\n\n9-206. SECURITY INTEREST ARISING IN PURCHASE OR DELIVERY OF FINANCIAL ASSET.\n\n[ Subpart 2. Rights and Duties ] 9-207. RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.\n\n9-208. ADDITIONAL DUTIES OF SECURED PARTY HAVING CONTROL OF COLLATERAL.\n\n9-209. DUTIES OF SECURED PARTY IF ACCOUNT DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT.\n\n9-210. REQUEST FOR ACCOUNTING ; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT.\n\nPart 3. Perfection and Priority [ Subpart 1. Law Governing Perfection and Priority ] 9-301. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS.\n\n9-302. LAW GOVERNING PERFECTION AND PRIORITY OF AGRICULTURAL LIENS.\n\n9-303. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY A CERTIFICATE OF TITLE.\n\n9-304. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNTS.\n\n9-305. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.\n\n9-306. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHTS.\n\n9-307. LOCATION OF DEBTOR.\n\n9-308. WHEN SECURITY INTEREST OR AGRICULTURAL LIEN IS PERFECTED ; CONTINUITY OF PERFECTION.\n\n9-309. SECURITY INTEREST PERFECTED UPON ATTACHMENT.\n\n9-310. WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN ; SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.\n\n9-311. PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES.\n\n9-312. PERFECTION OF SECURITY INTERESTS IN XXXX XXXX, DEPOSIT ACCOUNTS, DOCUMENTS, GOODS COVERED BY DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, LETTER-OF-CREDIT RIGHTS, AND MONEY ; PERFECTION BY PERMISSIVE FILING ; TEMPORARY PERFECTION WITHOUT FILING OR TRANSFER OF POSSESSION.\n\n9-313. WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.\n\n9-314. PERFECTION BY CONTROL.\n\n9-315. SECURED PARTY 'S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS.\n\n9-316. CONTINUED PERFECTION OF SECURITY INTEREST FOLLOWING CHANGE IN GOVERNING LAW.\n\n[ Subpart 3. Priority ] 9-317. INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF UNPERFECTED SECURITY INTEREST OR AGRICULTURAL LIEN.\n\n9-318. NO INTEREST RETAINED IN RIGHT TO PAYMENT THAT IS SOLD ; RIGHTS AND TITLE OF SELLER OF ACCOUNT OR CHATTEL PAPER WITH RESPECT TO CREDITORS AND PURCHASERS.\n\n9-319. RIGHTS AND TITLE OF CONSIGNEE WITH RESPECT TO CREDITORS AND PURCHASERS.\n\n9-320. BUYER OF GOODS.\n\n9-321. LICENSEE OF GENERAL INTANGIBLE AND LESSEE OF GOODS IN ORDINARY COURSE OF BUSINESS.\n\n9-322. PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL.\n\n9-323. FUTURE ADVANCES.\n\n9-324. PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.\n\n9-325. PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.\n\n9-326. PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR.\n\n9-327. PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT.\n\n9-328. PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.\n\n9-329. PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHT.\n\n9-330. PRIORITY OF PURCHASER OF XXXX XXXX OR INSTRUMENT.\n\n9-331. PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS, AND SECURITIES UNDER OTHER ARTICLES ; PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER ARTICLE 8.\n\n9-332. TRANSFER OF MONEY ; TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.\n\n9-333. PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.\n\n9-334. PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.\n\n9-335. ACCESSIONS.\n\n9-336. COMMINGLED GOODS.\n\n9-337. PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE.\n\n9-338. PRIORITY OF SECURITY INTEREST OR AGRICULTURAL LIEN PERFECTED BY FILED FINANCING STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION.\n\n9-339. PRIORITY SUBJECT TO SUBORDINATION.\n\n[ Subpart 4. Rights of Bank ] 9-340. EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.\n\n9-341. BANK 'S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT.\n\n9-342. BANK 'S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT.\n\nPart 4. Rights of Third Parties 9-401. ALIENABILITY OF DEBTOR 'S RIGHTS.\n\n9-402. SECURED PARTY NOT OBLIGATED ON CONTRACT OF DEBTOR OR IN TORT.\n\n9-403. AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE.\n\n9-404. RIGHTS ACQUIRED BY ASSIGNEE ; CLAIMS AND DEFENSES AGAINST ASSIGNEE.\n\n9-405. MODIFICATION OF ASSIGNED CONTRACT.\n\n9-406. DISCHARGE OF ACCOUNT DEBTOR ; NOTIFICATION OF ASSIGNMENT ; IDENTIFICATION AND PROOF OF ASSIGNMENT ; RESTRICTIONS ON ASSIGNMENT OF ACCOUNTS, XXXX XXXX, PAYMENT INTANGIBLES, AND PROMISSORY NOTES INEFFECTIVE.\n\n9-407. RESTRICTIONS ON CREATION OR ENFORCEMENT OF SECURITY INTEREST IN LEASEHOLD INTEREST OR IN LESSOR 'S RESIDUAL INTEREST.\n\n9-408. RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, HEALTH-CARE-INSURANCE RECEIVABLES, AND CERTAIN GENERAL INTANGIBLES INEFFECTIVE.\n\n9-409. RESTRICTIONS ON ASSIGNMENT OF LETTER-OF-CREDIT RIGHTS INEFFECTIVE.\n\nPart 5. Filing [ Subpart 1. Filing Office ; Contents and Effectiveness of Financing Statement ] 9-501. FILING OFFICE.\n\n9-502. CONTENTS OF FINANCING STATEMENT ; RECORD OF MORTGAGE AS FINANCING STATEMENT ; TIME OF FILING FINANCING STATEMENT.\n\n9-503. NAME OF DEBTOR AND SECURED PARTY.\n\n9-504. INDICATION OF COLLATERAL.\n\n9-505. FILING AND COMPLIANCE WITH OTHER STATUTES AND TREATIES FOR CONSIGNMENTS, LEASES, OTHER BAILMENTS, AND OTHER TRANSACTIONS.\n\n9-506. EFFECT OF ERRORS OR OMISSIONS.\n\n9-507. EFFECT OF CERTAIN EVENTS ON EFFECTIVENESS OF FINANCING STATEMENT.\n\n9-508. EFFECTIVENESS OF FINANCING STATEMENT IF NEW DEBTOR BECOMES BOUND BY SECURITY AGREEMENT.\n\n9-509. PERSONS ENTITLED TO FILE A RECORD.\n\n9-510. EFFECTIVENESS OF FILED RECORD.\n\n9-511. SECURED PARTY OF RECORD.\n\n9-512. AMENDMENT OF FINANCING STATEMENT.\n\n9-513. TERMINATION STATEMENT.\n\n9-514. ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD.\n\n9-515. DURATION AND EFFECTIVENESS OF FINANCING STATEMENT ; EFFECT OF LAPSED FINANCING STATEMENT.\n\n9-516. WHAT CONSTITUTES FILING ; EFFECTIVENESS OF FILING.\n\n9-517. EFFECT OF INDEXING ERRORS.\n\n9-518. CLAIM CONCERNING INACCURATE OR WRONGFULLY FILED RECORD.\n\n[ Subpart 2. Duties and Operation of Filing Office ] 9-519. NUMBERING, MAINTAINING, AND INDEXING RECORDS ; COMMUNICATING INFORMATION PROVIDED IN RECORDS.\n\n9-520. ACCEPTANCE AND REFUSAL TO ACCEPT RECORD.\n\n9-521. UNIFORM FORM OF WRITTEN FINANCING STATEMENT AND AMENDMENT.\n\n9-522. MAINTENANCE AND DESTRUCTION OF RECORDS.\n\n9-523. INFORMATION FROM FILING OFFICE ; SALE OR LICENSE OF RECORDS.\n\n9-524. DELAY BY FILING OFFICE.\n\n9-525. FEES.\n\n9-526. FILING-OFFICE RULES.\n\n9-527. DUTY TO REPORT.\n\nPart 6. Default [ Subpart 1. Default and Enforcement of Security Interest ] 9-601. RIGHTS AFTER DEFAULT ; JUDICIAL ENFORCEMENT ; CONSIGNOR OR BUYER OF ACCOUNTS, XXXX XXXX, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.\n\n9-602. WAIVER AND VARIANCE OF RIGHTS AND DUTIES.\n\n9-603. AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.\n\n9-604. PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.\n\n9-605. UNKNOWN DEBTOR OR SECONDARY OBLIGOR.\n\n9-606. TIME OF DEFAULT FOR AGRICULTURAL LIEN.\n\n9-607. COLLECTION AND ENFORCEMENT BY SECURED PARTY.\n\n9-608. APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT ; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.\n\n9-609. SECURED PARTY 'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.\n\n9-610. DISPOSITION OF COLLATERAL AFTER DEFAULT.\n\n9-611. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.\n\n9-612. TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.\n\n9-613. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL : GENERAL.\n\n9-614. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL : CONSUMER-GOODS TRANSACTION.\n\n9-615. APPLICATION OF PROCEEDS OF DISPOSITION ; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.\n\n9-616. EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.\n\n9-617. RIGHTS OF TRANSFEREE OF COLLATERAL.\n\n9-618. RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.\n\n9-619. TRANSFER OF RECORD OR LEGAL TITLE.\n\n9-620. ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION ; COMPULSORY DISPOSITION OF COLLATERAL.\n\n9-621. NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.\n\n9-622. EFFECT OF ACCEPTANCE OF COLLATERAL.\n\n9-623. RIGHT TO REDEEM COLLATERAL.\n\n9-624. WAIVER.\n\n[ Subpart 2. Noncompliance with Article ] 9-625. REMEDIES FOR SECURED PARTY 'S FAILURE TO COMPLY WITH ARTICLE.\n\n9-626. ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.\n\n9-627. DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.\n\n9-628. NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY ; LIABILITY OF SECONDARY OBLIGOR.\n\nPart 7. Transition 9-701. EFFECTIVE DATE.\n\n9-702. SAVINGS CLAUSE.\n\n9-703. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.\n\n9-704. SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE.\n\n9-705. EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.\n\n9-706. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.\n\n9-707. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.\n\n9-708. PERSONS ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT.\n\n9-709. PRIORITY.\n\nPart 1. General Provisions Part 2. Effectiveness of Security Agreement; Attachment of Security Interest ; Rights of Parties to Security Agreement Part 3. Perfection and Priority Part 4. Rights of Third Parties Part 5. Filing Part 6. Default Part 7. Transition Part 8. TRANSITION PROVISIONS FOR 2010 AMENDMENTS","date_sent_to_company":"2024-12-23T03:28:51.000Z","issue":"Repossession","sub_product":"Loan","zip_code":"12208","tags":null,"has_narrative":true,"complaint_id":"11248881","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mercedes Benz Financial Services","date_received":"2024-12-23T03:16:19.000Z","state":"NY","company_public_response":null,"sub_issue":"Loan balance remaining after the vehicle is repossessed and sold"},"highlight":{"complaint_what_happened":["REMEDIES FOR <em>SECURED</em> <em>PARTY</em> 'S FAILURE TO COMPLY WITH ARTICLE.\n\n9-626. ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.\n\n9-627. DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.\n\n9-628. NONLIABILITY AND LIMITATION ON LIABILITY OF <em>SECURED</em> <em>PARTY</em> ; LIABILITY OF SECONDARY OBLIGOR.\n\nPart 7. Transition 9-701. EFFECTIVE DATE.\n\n9-702. SAVINGS CLAUSE.\n\n9-703. <em>SECURITY</em> INTEREST PERFECTED <em>BEFORE</em> EFFECTIVE DATE.\n\n9-704. <em>SECURITY</em> INTEREST UNPERFECTED <em>BEFORE</em> EFFECTIVE DATE.\n\n9-705."],"company":["Mercedes Benz <em>Financial</em> Services"]},"sort":[17.310986,"11248881"]},{"_index":"complaint-public-v1","_id":"6401844","_score":16.571108,"_source":{"product":"Debt collection","complaint_what_happened":"The first initial letter that I sent to Westlake Financial Services was on XX/XX/XXXX ( certified mail receipt proof 1 ), which required correspondence from Westlake Financial Services. Although, I did not receive anything in return. I sent another letter by regular mail to Westlake Financial Services on XX/XX/XXXX, asking for an update regarding my initial letter for vin # XXXX, but nothing in return. \n\nAlthough, I noticed that Westlake Financial Services violated my privacy and gave my information to an unknown party known as XXXX XXXX XXXX XXXX. As this transition occurred, I have never got any legal paperwork from Westlake Financial Services showing the information I had initially requested on XX/XX/XXXX. Including \" XXXX XXXX XXXX XXXX '' does not show up on my credit report ( screenshot attached- Unlawful reporting from all parties involved in this matter )! I sent a letter to Westlake Financial Services and XXXX XXXX XXXX XXXX by regular mail. \n\nAbout XXXX- weeks later I get a letter in the mail dated XX/XX/XXXX, from XXXX XXXX XXXX XXXX XXXX a Settlement offer for acct # XXXX balance of {$12000.00} with an offer to settle \" the account '' for {$5100.00} ( Letter- proof 3 ). In the box area shows that the communication is from a debt collector with a XXXX license number pending and no other paperwork to show UCC regulations, validation, or business agreement. \n\nAgain, trying to protect my identity and my rights I sent a letter to Westlake Financial Services, XXXX XXXX XXXX XXXX, and XXXX ( certified mail receipt- proof 4 ) which was on XX/XX/XXXX. It is now XX/XX/XXXX, and no legitimate paperwork from Westlake Financial Services or XXXX ( who has been reporting invalid information on my credit report and wrong personal information- yet has not fixed it ). \n\nToday, XX/XX/XXXX, I got a response from XXXX XXXX XXXX XXXX enclosing documentation regarding \" acct # XXXX. '' This correspondence shows that communication is from a third party as shown, a debt collector and not from Westlake Financial Services directly. XXXX XXXX XXXX XXXX AND \" Westlake Financial Services '' failed to provide the information ( AGAIN ) required from vin # XXXX and legitimate information as indicated in the letter ( s ). \n\nThe procedure and proof from XXXX XXXX XXXX XXXX XXXX CFPB the violations of commercial code ( s ) : Count I- 9506- ( a ) A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. \n( b ) Except as otherwise provided in subdivision ( c ), a financing statement that fails sufficiently to provide the name of the debtor in accordance with subdivision ( a ) of Section 9503 is seriously misleading. \n( c ) If a search of the records of the filing office under the debtors correct name, using the filing offices standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with subdivision ( a ) of Section 9503, the name provided does not make the financing statement seriously misleading. \n( d ) For purposes of subdivision ( b ) of Section 9508, the debtors correct name in subdivision ( c ) means the correct name of the new debtor. \n( Repealed and added by Stats. 1999, Ch. 991, Sec. 35. Effective XXXX XXXX XXXX. Operative XXXX XXXX XXXX, by Sec. 75 of Ch. 991 and Section 9701. ) Count II- 9611 ( a ) In this section, notification date means the earlier of the date on which : ( 1 ) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition.\n\n( 2 ) The debtor and any secondary obligor waive the right to notification.\n\n( b ) Except as otherwise provided in subdivision ( d ), a secured party that disposes of collateral under Section 9610 shall send to the persons specified in subdivision ( c ) a reasonable authenticated notification of disposition.\n\n( c ) To comply with subdivision ( b ), the secured party shall send an authenticated notification of disposition to all of the following persons : ( 1 ) The debtor.\n\n( 2 ) Any secondary obligor.\n\n( 3 ) If the collateral is other than consumer goods to both of the following persons : ( A ) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral.\n\n( B ) Any other secured party or lienholder that, XXXX days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement with respect to which all of the following apply : ( i ) It identified the collateral. \n( ii ) It was indexed under the debtors name as of that date. \n( iii ) It was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date. \n( C ) Any other secured party that, XXXX days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subdivision ( a ) of Section 9311.\n\n( d ) Subdivision ( b ) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. \n( e ) A secured party complies with the requirement for notification prescribed in subparagraph ( B ) of paragraph ( 3 ) of subsection ( c ) if it satisfies both of the following conditions : ( 1 ) Not later than XXXX days or earlier than XXXX days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtors name in the office indicated in subparagraph ( B ) of paragraph ( 3 ) of subdivision ( c ). \n( 2 ) Before the notification date, the secured party either : ( A ) Did not receive a response to the request for information. \n( B ) Received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral. \n( Amended ( as to be added by Stats. XXXX, Ch. 991 ) by Stats. XXXX, Ch. 1003, Sec. 43. Effective XXXX XXXX XXXX. Addition and amendment operative XXXX XXXX XXXX, by Stats. XXXX, Ch. 991, Sec. 75, and Stats. XXXX, Ch. 1003, S Count III- 9612 ( a ) Except as otherwise provided in subdivision ( b ), whether a notification is sent within a reasonable time is a question of fact. \n( b ) In a transaction other than a consumer transaction, a notification of disposition sent after default and XXXX days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition. \n( Added by Stats. XXXX, Ch. 991, Sec. 35. Effective XXXX XXXX XXXX. Operative XXXX XXXX XXXX, by Sec. 75 of Ch. 991 and Section 9701. ) Count IV- 9613 Except in a consumer-goods transaction, the following rules apply : ( 1 ) The contents of a notification of disposition are sufficient if the notification does all of the following : ( A ) It describes the debtor and the secured party.\n\n( B ) It describes the collateral that is the subject of the intended disposition.\n\n( C ) It states the method of intended disposition.\n\n( D ) It states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting. \n( E ) It states the time and place of a public disposition or the time after which any other disposition is to be made.\n\n( 2 ) Whether the contents of a notification that lacks any of the information specified in paragraph ( 1 ) are nevertheless sufficient is a question of fact.\n\n( 3 ) The contents of a notification providing substantially the information specified in paragraph ( 1 ) are sufficient, even if the notification includes either of the following : ( A ) Information not specified by that paragraph.\n\n( B ) Minor errors that are not seriously misleading.\n\n( 4 ) A particular phrasing of the notification is not required. \n( 5 ) The following form of notification and the form appearing in subdivision ( 3 ) of Section 9614, when completed, each provides sufficient information : NOTIFICATION OF DISPOSITION OF COLLATERAL To : [ Name of debtor, obligor, or other person to which the notification is sent ] From : [ Name, address, and telephone number of secured party ] Name of Debtor ( s ) : [ Include only if debtor ( s ) are not an addressee ] [ For a public disposition : ] We will sell [ or lease or license, as applicable ] the _____ [ describe collateral ] _____ [ to the highest qualified bidder in public as follows : ] Day and Date : Time : Place : [ For a private disposition : ] We will sell [ or license, as applicable ] the _____ ( describe collateral ) _____ privately sometime after _____ [ day and date ] _____. \nYou are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [ or lease or license, as applicable ] [ for a charge of $ XXXX__ ]. You may request an accounting by calling us at.\n\n[ telephone number ] ( Amended ( as to be added by Stats. XXXX, Ch. 991 ), by Stats. XXXX, Ch. 1003, Sec. 44. Effective XXXX XXXX XXXX. Addition and amendment operative XXXX XXXX XXXX, by Stats. XXXX, Ch. 991, Sec. 75, and Stats. XXXX, Ch. 1003, Sec. 56. ) Overall, my letter ( s ) it has shown that they are OBLIGATED to provide me with all proper copies from UCC and steps 1 to 3 : 1. All legal notices 2. Proof of the commercially reasonable manner of the notification 3. Verified resale of the subject vehicle vin # # XXXX However- no valid proof was ever given to me just incoherent information. It was noted that all parties had 15 days from receipt of their certified mail notice. \n\nYet, the response from XXXX XXXX XXXX XXXX paperwork received on XX/XX/XXXX, is null and invalid. The reporting from Westlake Financial Services or XXXX XXXX XXXX XXXX is an invalid claim and will be considered a violation of the Fair Debt Collection Practice Act and Fair Credit Reporting Act. If this matter is not solved properly throughout CFPB I will seek further damages against all parties under federal and state laws involved in this matter for not taking appropriate actions.","date_sent_to_company":"2023-01-05T07:05:17.000Z","issue":"Written notification about debt","sub_product":"I do not know","zip_code":"92544","tags":null,"has_narrative":true,"complaint_id":"6401844","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Westlake Services, LLC","date_received":"2023-01-05T07:05:12.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["( C ) Any other <em>secured</em> <em>party</em> that, XXXX days <em>before</em> the notification date, held a <em>security</em> interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subdivision ( a ) of Section 9311.\n\n( d ) Subdivision ( b ) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market."]},"sort":[16.571108,"6401844"]},{"_index":"complaint-public-v1","_id":"14402629","_score":16.442738,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XX/XX/XXXX, I entered into a retail installment contract with CarMax Auto Finance for a XXXX XXXX XXXX. After reviewing the terms and seeking clarity on the legitimacy of the financial obligation, I issued a formal, notarized demand under UCC 9-210 requesting a full accounting and proof of consideration on XX/XX/XXXX, XXXXspecifically, verifiable evidence that CarMax Auto Finance gave valuXXXX in the form of their own money or assets in connection with the loan agreement. \n\nTo comply with UCC 9-210, a secured party must respond within 14 days to a request for an accounting or list of collateral. However, CarMax failed to provided any documentation, ledger entries, balance sheets, or banking records to substantiate that they parted with any consideration or took on any measurable financial risk. Under UCC 3-303 ( b ), value must be given in order for a party to enforce an instrument or claim holder-in-due-course status. \n\nThis failure to provide proof of considerationwhen lawfully requestedconstitutes a commercial default. No party may lawfully enforce a debt or security interest without first establishing that value was given. Their silence amounts to non-performance and violates basic requirements under the Uniform Commercial Code and contract law. \n\nCarMaxs failure to comply with statutory obligations under UCC 9-210 and refusal to validate the basis of the loan violates commercial transparency standards and undermines my right to receive a full accounting before any further enforcement can proceed.","date_sent_to_company":"2025-07-02T00:42:28.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"60803","tags":null,"has_narrative":true,"complaint_id":"14402629","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CarMax, Inc.","date_received":"2025-07-02T00:02:11.000Z","state":"IL","company_public_response":null,"sub_issue":"Problem with additional products or services purchased with the loan"},"highlight":{"complaint_what_happened":["No <em>party</em> may lawfully enforce a debt or <em>security</em> interest without first establishing that value was given. Their silence amounts to non-performance and violates basic requirements under the Uniform Commercial Code and contract law. \n\nCarMaxs failure to comply with statutory obligations under UCC 9-210 and refusal to validate the basis of the loan violates commercial transparency standards and undermines my right to receive a full accounting <em>before</em> any further enforcement can proceed."]},"sort":[16.442738,"14402629"]},{"_index":"complaint-public-v1","_id":"7959280","_score":16.409832,"_source":{"product":"Payday loan, title loan, personal loan, or advance loan","complaint_what_happened":"On XX/XX/2023, I, acting in the representative capacity to my assigned federal agencies social security number, federal account, applied for a title loan with Titlemax, however Titlemax did not provide any consideration for the transaction out of its own capital. \nTitlemax simply prepared and serviced my assigned federal agencies social security number, federal account, collateral security procurement promissory note ( Note ) through a special purpose vehicle transaction account using XXXX. I issued and signed this Note, not understanding at the time that the Certificate of Title to my automobile is NOT actually the collateral in this transaction, the Note is, but Titlemax did not provide full disclosure of its intentions to use and capitalize from my financial asset security that I issued. Titlemax did also misrepresent my assigned SSN, federal account to be my personal identification, instead of what it shall be used for, as an account to register debits and credits, pursuant to Executive Order 9397. \n\nDuring the process of signing paperwork, Titlemax employees did not allow me to give a qualified endorsement, and I believe Titlemax is attempting to embezzle my proceeds claiming ownership of the Note, due to the blank endorsement I was forced to give, causing a detriment to me and allowing unjust enrichment to Titlemax. \n\nI, being the authorized representative to federal agencies social security number, federal account, hold legal title and contractual rights to the full faith and credit guaranty of the United States established by verification of my assigned SSN federal account. Whereas being an authorized representative, I did fulfill my duty to create and provide to Titlemax the debtors security agreement within 20 days, which confirmed the collateral to be the Note, granted TitleMax a security interest to be the secured party after confirming my ownership interest, and directing them to file the UCC1 Financing Statement, giving the Obligor State notice of the security interest that was granted. I also informed Titlemax to sell the Note, before default occurs, and for the proceeds of the sale to be applied to the account, and the surplus to be returned to the debtor representative. \n\nOn XX/XX/XXXX, Titlemax representative ( XXXX ) did confirm receipt of the security agreement, but informed me that the legal department has not processed the document I provided. She informed me that the legal department will be in contact with me, but it has been over 45 days since receipt of the security agreement and Titlemax has yet to file the UCC1 Financing Statement giving public notice to the Obligor State that with respect to an obligation secured by the security interest in the collateral, owes payment of the obligation and shall provide a security certificate to attach to the collateral security procurement promissory note to secure payment. \n\nTitlemax is using deceptive acts claiming this debt to be my liability and demanding payment, threatening to repossess my automobile and allowing interest to continue to accrue daily, when the face value and interest from my assigned federal agencies SSN federal account, financial asset did fund the entire transaction!!!!","date_sent_to_company":"2023-12-06T23:40:45.000Z","issue":"Was approved for a loan, but didn't receive money","sub_product":"Title loan","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"7959280","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TMX Finance LLC","date_received":"2023-12-06T21:33:39.000Z","state":"NV","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Whereas being an authorized representative, I did fulfill my duty to create and provide to Titlemax the debtors <em>security</em> agreement within 20 days, which confirmed the collateral to be the Note, granted TitleMax a <em>security</em> interest to be the <em>secured</em> <em>party</em> after confirming my ownership interest, and directing them to file the UCC1 Financing Statement, giving the Obligor State notice of the <em>security</em> interest that was granted."]},"sort":[16.409832,"7959280"]},{"_index":"complaint-public-v1","_id":"6437803","_score":16.22709,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On XX/XX/XXXX, I submitted a complaint to \" Westlake Financial Services '' and impersonator \" XXXX XXXX Services '' CFPB complaint number XXXX. \n\nStatement of XX/XX/XXXX : \" The first initial letter that I sent to Westlake Financial Services was on XX/XX/XXXX ( certified mail receipt proof 1 ), which required correspondence from Westlake Financial Services. Although, I did not receive anything in return. I sent another letter by regular mail to Westlake Financial Services on XX/XX/XXXX, asking for an update regarding my initial letter for vin # XXXX, but nothing in return. Although, I noticed that Westlake Financial Services violated my privacy and gave my information to an unknown party known as XXXX XXXX XXXX XXXX. As this transition occurred, I have never got any legal paperwork from Westlake Financial Services showing the information I had initially requested on XX/XX/XXXX. Including \" XXXX XXXX XXXX XXXX '' does not show up on my credit report ( screenshot attached- Unlawful reporting from all parties involved in this matter )! I sent a letter to Westlake Financial Services and XXXX XXXX XXXX XXXX by regular mail. About three- weeks later I get a letter in the mail dated XX/XX/XXXX, from XXXX XXXX XXXX XXXX indicating a Settlement offer for acct # XXXX balance of {$12000.00} with an offer to settle \" the account '' for {$5100.00} ( Letter- proof XXXX ). In the box area shows that the communication is from a debt collector with a California license number pending and no other paperwork to show XXXX regulations, validation, or business agreement. Again, trying to protect my identity and my rights I sent a letter to Westlake Financial Services, XXXX XXXX XXXX XXXX, and XXXX ( certified mail receipt- proof 4 ) which was on XX/XX/XXXX. It is now XX/XX/XXXX, and no legitimate paperwork from Westlake Financial Services or XXXX ( who has been reporting invalid information on my credit report and wrong personal information- yet has not fixed it ). Today, XX/XX/XXXX, I got a response from XXXX XXXX XXXX XXXX enclosing documentation regarding \" acct # XXXX. '' This correspondence shows that communication is from a third party as shown, a debt collector and not from Westlake Financial Services directly. XXXX XXXX XXXX XXXX AND \" Westlake Financial Services '' failed to provide the information ( AGAIN ) required from vin # XXXX and legitimate information as indicated in the letter ( s ). The procedure and proof from XXXX XXXX XXXX XXXX XXXX CFPB the violations of commercial code ( s ) : Count I- 9506- ( a ) A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading. ( b ) Except as otherwise provided in subdivision ( c ), a financing statement that fails sufficiently to provide the name of the debtor in accordance with subdivision ( a ) of Section 9503 is seriously misleading. ( c ) If a search of the records of the filing office under the debtors correct name, using the filing offices standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with subdivision ( a ) of Section 9503, the name provided does not make the financing statement seriously misleading. ( d ) For purposes of subdivision ( b ) of Section 9508, the debtors correct name in subdivision ( c ) means the correct name of the new debtor. ( Repealed and added by Stats. 1999, Ch. 991, Sec. 35. Effective XX/XX/XXXX. Operative XX/XX/XXXX, by Sec. 75 of Ch. 991 and Section 9701. ) Count II- 9611 ( a ) In this section, notification date means the earlier of the date on which : ( 1 ) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition. ( 2 ) The debtor and any secondary obligor waive the right to notification. ( b ) Except as otherwise provided in subdivision ( d ), a secured party that disposes of collateral under Section 9610 shall send to the persons specified in subdivision ( c ) a reasonable authenticated notification of disposition. ( c ) To comply with subdivision ( b ), the secured party shall send an authenticated notification of disposition to all of the following persons : ( 1 ) The debtor. ( 2 ) Any secondary obligor. ( 3 ) If the collateral is other than consumer goods to both of the following persons : ( A ) Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral. ( B ) Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement with respect to which all of the following apply : ( i ) It identified the collateral. ( ii ) It was indexed under the debtors name as of that date. ( iii ) It was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date. ( C ) Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subdivision ( a ) of Section 9311. ( d ) Subdivision ( b ) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. ( e ) A secured party complies with the requirement for notification prescribed in subparagraph ( B ) of paragraph ( 3 ) of subsection ( c ) if it satisfies both of the following conditions : ( 1 ) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtors name in the office indicated in subparagraph ( B ) of paragraph ( 3 ) of subdivision ( c ). ( 2 ) Before the notification date, the secured party either : ( A ) Did not receive a response to the request for information. ( B ) Received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral. ( Amended ( as to be added by Stats. 1999, Ch. 991 ) by Stats. 2000, Ch. 1003, Sec. 43. Effective XX/XX/XXXX. Addition and amendment operative XX/XX/XXXX, by Stats. 1999, Ch. 991, Sec. 75, and Stats. 2000, Ch. 1003, S Count III- 9612 ( a ) Except as otherwise provided in subdivision ( b ), whether a notification is sent within a reasonable time is a question of fact. ( b ) In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition. ( Added by Stats. 1999, Ch. 991, Sec. 35. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991 and Section 9701. ) Count IV- 9613 Except in a consumer-goods transaction, the following rules apply : ( 1 ) The contents of a notification of disposition are sufficient if the notification does all of the following : ( A ) It describes the debtor and the secured party. ( B ) It describes the collateral that is the subject of the intended disposition. ( C ) It states the method of intended disposition. ( D ) It states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting. ( E ) It states the time and place of a public disposition or the time after which any other disposition is to be made. ( 2 ) Whether the contents of a notification that lacks any of the information specified in paragraph ( 1 ) are nevertheless sufficient is a question of fact. ( 3 ) The contents of a notification providing substantially the information specified in paragraph ( 1 ) are sufficient, even if the notification includes either of the following : ( A ) Information not specified by that paragraph. ( B ) Minor errors that are not seriously misleading. ( 4 ) A particular phrasing of the notification is not required. ( 5 ) The following form of notification and the form appearing in subdivision ( 3 ) of Section 9614, when completed, each provides sufficient information : NOTIFICATION OF DISPOSITION OF COLLATERAL To : [ Name of debtor, obligor, or other person to which the notification is sent ] From : [ Name, address, and telephone number of secured party ] Name of Debtor ( s ) : [ Include only if debtor ( s ) are not an addressee ] [ For a public disposition : ] We will sell [ or lease or license, as applicable ] the _____ [ describe collateral ] _____ [ to the highest qualified bidder in public as follows : ] Day and Date : Time : Place : [ For a private disposition : ] We will sell [ or license, as applicable ] the _____ ( describe collateral ) _____ privately sometime after _____ [ day and date ] _____. You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [ or lease or license, as applicable ] [ for a charge of $ _____ ]. You may request an accounting by calling us at. [ telephone number ] ( Amended ( as to be added by Stats. 1999, Ch. 991 ), by Stats. 2000, Ch. 1003, Sec. 44. Effective XX/XX/XXXX. Addition and amendment operative XX/XX/XXXX, by Stats. 1999, Ch. 991, Sec. 75, and Stats. 2000, Ch. 1003, Sec. 56. ) Overall, my letter ( s ) it has shown that they are OBLIGATED to provide me with all proper copies from UCC and steps 1 to 3 : 1. All legal notices 2. Proof of the commercially reasonable manner of the notification 3. Verified resale of the subject vehicle vin # # XXXX However- no valid proof was ever given to me just incoherent information. It was noted that all parties had 15 days from receipt of their certified mail notice. Yet, the response from XXXX XXXX XXXX XXXX paperwork received on XX/XX/XXXX, is null and invalid. The reporting from Westlake Financial Services or XXXX XXXX XXXX XXXX is an invalid claim and will be considered a violation of the Fair Debt Collection Practice Act and Fair Credit Reporting Act. If this matter is not solved properly throughout CFPB I will seek further damages against all parties under federal and state laws involved in this matter for not taking appropriate actions. '' As I submitted this CFPB complaint, I had expected accurate and legitimate information to be submitted. However, on XX/XX/XXXX, I got a response from \" Westlake Financial Services '' that did not meet the required information as stated UCC Article 9 ( stated above ) nor has XXXX XXXX XXXX XXXX respond to the CFPB complaint. \n\nMost importantly, Westlake Financial Services '' response indicated that \" XXXX XXXX XXXX XXXX '' is servicing the loan for \" Westlake Financial Services '' whereas I am requesting a contract where \" I '' signed that I allowed \" XXXX XXXX XXXX XXXX '' to have my personal information. Per the contract, that I have acknowledged shows that I only did business with \" Westlake Financial Services '' alone. As I did not allow a third party nor was given certified mail ( proper ) notice ( wet signature requirement ) of a release of information to a third party. For that reason, this process is a violation of my privacy under CCPA and California law, Civil Code Section 1798.99.80, which defines a data broker as a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship. I will be submitting a complaint to the Office of the Attorney General. If I am not given proper information as stated above in the initial CFPB.\n\nAdditionally, \" Westlake Financial Services '' added other documents to the CFPB complaint of XX/XX/XXXX such as \" Payment History '' which is showing opening bal : XXXX  and a log of amount mode ( payments ) and balance amt that have equaled down to XXXX. Please note, I am required to have : A check/ deposit copy ( from the private buyer to \" Westlake Financial Services XXXX from XXXX for the amount of {$19000.00} ), a bill of sale ( from XXXX ), paperwork copy ( from XXXX for the amount of {$26000.00} ), and lastly copy of check/deposit and where the warranty refund got directed to ( from XXXX for the amount of {$1300.00} ). None of this information being reported was ever given to me, which is not following UCC 9-506. - EFFECT OF ERRORS OR OMISSIONS, XXXX. - NOTIFICATION BEFORE DISPOSITION OF COLLATERAL, XXXX. - TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL, and XXXX. - CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL. \n\nAs of XX/XX/XXXX my credit report on XXXX is reporting account name WESTLAKE FINANCIAL SVC # XXXX as closed with an amount of {$12000.00}, and active reporting per each month. However, the information stated above including the missing information shows that this misreporting is unlawful, null, and is a violation of FCRA whereas should be removed from my credit report. \n\nIf no such proof is provided from 1 to 3 ( stated above ) within 15 days from receipt of this certified mail notice, the alleged claim of a deficiency will be considered null and void, and any continued collection activities, or continued reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA.\n\nIn addition, if you singularly or severally fail to fulfill with the above requests, I reserve the rights to seek damages against all parties, under all available State and Federal statutes and including but not limited to UCC 9-625 remedies. All documentation will be filed through FCRA protocol to provide proof of the above stated 1 to 3 obligation.","date_sent_to_company":"2023-01-14T22:09:47.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"92544","tags":null,"has_narrative":true,"complaint_id":"6437803","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Westlake Services, LLC","date_received":"2023-01-14T22:09:38.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["date. ( C ) Any other <em>secured</em> <em>party</em> that, 10 days <em>before</em> the notification date, held a <em>security</em> interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subdivision ( a ) of Section 9311. ( d ) Subdivision ( b ) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market. ( e ) A <em>secured</em> <em>party</em> complies with the requirement for notification prescribed in subparagraph ("]},"sort":[16.22709,"6437803"]},{"_index":"complaint-public-v1","_id":"18589967","_score":16.114332,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX : Self Financial , Inc. / Lead Bank Account Name as Reported : SELF FINANCIAL / LEAD BANK Account Type : Secured Credit Card Responsibility : Individual Account Number : XXXX Date Opened : XX/XX/XXXX Reported Status : Account Charged Off Reported Balance : {$290.00} Charge-Off Amount : {$290.00} written off Past Due Amount : {$290.00} past due as of XX/XX/XXXX Status Last Updated : XX/XX/XXXX Complaint Summary I am formally disputing the accuracy, legality, and continued reporting of the above-referenced secured credit card account. \n\nThis complaint constitutes my first formal request for full accounting records and documentary proof establishing that this alleged obligation is valid, lawfully owned, and accurately reported. I have never previously requested, nor been provided, the documentation demanded below. \n\nThis account is reported as charged off while continuing to show a balance allegedly owed. Because this was a secured credit card, the furnisher must demonstrate how the pledged collateral was applied, whether any loss actually occurred, and whether continued reporting of a balance is accurate. \n\n\n\nKey Issue Secured Account Improperly Reported A secured credit card requires the consumer to provide collateral or a security deposit. Before any charge-off balance may be reported, the furnisher must show : How the security deposit was held How and when the deposit was applied Whether the deposit fully or partially satisfied the obligation Whether any actual economic loss remained after application of collateral Absent this proof, continued reporting of a charged-off balance is inaccurate and misleading.\n\nSpecific Demands for Documentation ( First Formal Request ) I now request that the furnisher produce the following documentation within the CFPB investigation period : 1. Full Accounting Ledger A complete transactional ledger from account origination through charge-off All debits, credits, interest, fees, adjustments, write-downs, and reversals Reconciliation showing how the {$290.00} charged-off balance was calculated 2. Security Deposit / Collateral Accounting Proof of the original security deposit amount Documentation showing how the deposit was held and maintained Evidence of how, when, and where the deposit was applied Proof showing whether the deposit satisfied all or part of the alleged balance 3. Evidence of Disbursement of Funds Proof of actual credit extension beyond the secured deposit, if any Identification of the funding source Evidence that Lead Bank or Self Financial had capital at risk beyond consumer collateral 4. Charge-Off Documentation & Loss Recognition Provide all records related to the charge-off, including : Exact charge-off date Internal charge-off approval records Evidence of actual economic loss after application of collateral Documentation showing compliance with : ASC 310 ( Receivables Recognition and Measurement ) ASC 860 ( Transfers and Servicing of Financial Assets ) Including proof showing whether the receivable was : Written down Written off Derecognized Sold, transferred, or securitized 5. Chain of Title & Proof of Ownership Complete chain of title from origination to present All assignments, transfers, sales, pledges, or securitization events Identification of the current legal owner of the receivable 6. Securitization & Third-Party Transfers All securitization filings, pooling and servicing agreements, or trust disclosures Disclosure of whether this secured receivable was included in any asset-backed security 7. Servicing Authority Proof the entity reporting the account has current legal authority to service, collect, and report Copies of any servicing or sub-servicing agreements 8. Double Recovery Prohibition Because this was a secured account, the furnisher must provide proof that no double recovery occurred through : Retention or application of the security deposit Insurance proceeds Tax deductions Continued collection or reporting of a balance 9. Contract & Signature Validity Proof of a valid, enforceable agreement Wet-ink signature evidence, if claimed Disclosure that electronic signatures alone do not establish ownership, funding, or standing Evidence that any electronic agreement satisfies evidentiary standards for enforcement and credit reporting Reporting Dispute Absent production of the above documentation, the furnisher can not lawfully continue reporting this account as a valid, owed, or collectible obligation.\n\nReporting a charged-off balance on a secured credit card without proof of collateral application, ownership, loss recognition, and authority constitutes inaccurate and misleading credit reporting.Final Notice This complaint places the furnisher on notice that continued reporting of a charged-off secured account without proof of collateral application, ownership, and loss recognition is inaccurate and misleading.\n\nI respectfully request CFPB intervention to compel compliance and prevent further consumer harm.","date_sent_to_company":"2026-01-09T05:11:40.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"02124","tags":"Servicemember","has_narrative":true,"complaint_id":"18589967","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Self Financial Inc.","date_received":"2026-01-09T05:04:55.000Z","state":"MA","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Securitization & Third-<em>Party</em> Transfers All securitization filings, pooling and servicing agreements, or trust disclosures Disclosure of whether this <em>secured</em> receivable was included in any asset-backed <em>security</em> 7. Servicing Authority Proof the entity reporting the account has current legal authority to service, collect, and report Copies of any servicing or sub-servicing agreements 8."],"company":["Self <em>Financial</em> Inc."]},"sort":[16.114332,"18589967"]},{"_index":"complaint-public-v1","_id":"12113515","_score":15.83075,"_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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Formal Complaint Violation of Consumer Laws and UCC Rights Regarding Re-Insertion of XXXX XXXXXXXX Account Dear XXXX Dispute Department , I am writing to formally file a complaint regarding the results of your reinvestigation of my previous dispute concerning the Discover charge-off account on my credit report. As indicated in your correspondence dated [ Insert Date from XXXX XXXX ], this account was deleted and subsequently re-added. I assert that this action is in direct violation of federal consumer laws and my rights as a secured party under XXXX ( Uniform Commercial Code ) laws. \n\nAttached Documents : Copy of XXXX 's reinvestigation results letter. \nPreviously filed FTC affidavit. \nPrevious CFPB complaint number : XXXX. \nViolation of Consumer Laws Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, credit reporting agencies are mandated to ensure the maximum accuracy of information on consumer reports. It is unlawful under 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) to reinsert previously deleted information unless the furnisher of that information certifies its accuracy. I demand proof that such certification was provided by Discover before this account was re-added. \n\nXXXX XXXXXXXX and Reporting of Charge-Off Accounts According to the XXXX XXXX accounts are considered forgiven debt, which constitutes taxable income rather than a credit obligation. As forgiven debt is categorized as income, it is not permissible for such to be reported on a consumer credit report, as income is not a tradeline under the FCRA. Re-inserting this account violates 15 U.S.C. 1681c ( a ) ( 4 ), which prohibits obsolete and inaccurate information. \n\nViolation of XXXX Rights as a Secured Party I am a secured party creditor with a XXXX filing, which establishes my status under XXXX laws. As a secured party, I possess the legal right to control the narrative of my credit and financial dealings. Re-inserting the Discover charge-off account infringes upon my secured party rights under XXXX XXXX  XXXX, which governs the perfection and priority of security interests. XXXX has overstepped by disregarding my standing and lawful claim. \n\nDemands and Resolution I am demanding the immediate and permanent removal of the Discover charge-off account from my credit report. Additionally, I require : Written confirmation of the deletion within XXXX  days. \nA detailed explanation of the procedures followed that led to the reinsertion. \nProof that Discover provided certification of the accounts accuracy prior to reinsertion, as mandated by law. \nAssurance that no further violations of my consumer and XXXX rights will occur. \nFailure to comply with these demands will leave me no choice but to escalate this matter by filing additional complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and pursuing legal action to enforce my rights. \n\nConclusion XXXX has acted unlawfully by re-adding the Discover charge-off account to my credit report. This is a clear violation of FCRA provisions and my secured party rights under XXXX laws. I expect swift corrective action to rectify this matter immediately. \n\nI anticipate your prompt attention and response to this serious issue. \n\nCC : DISCOVER Sincerely, XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX","date_sent_to_company":"2025-02-25T18:09:37.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"11434","tags":null,"has_narrative":true,"complaint_id":"12113515","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"DISCOVER BANK","date_received":"2025-02-18T22:15:07.000Z","state":"NY","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Violation of XXXX Rights as a <em>Secured</em> <em>Party</em> I am a <em>secured</em> <em>party</em> creditor with a XXXX filing, which establishes my status under XXXX laws. As a <em>secured</em> <em>party</em>, I possess the legal right to control the narrative of my credit and <em>financial</em> dealings. Re-inserting the Discover charge-off account infringes upon my <em>secured</em> <em>party</em> rights under XXXX XXXX  XXXX, which governs the perfection and priority of <em>security</em> interests. XXXX has overstepped by disregarding my standing and lawful claim."]},"sort":[15.83075,"12113515"]},{"_index":"complaint-public-v1","_id":"5276073","_score":15.535635,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XX/XX/XXXX I purchased a vehicle from XXXX which then assigned the promissory. note to Bridgecrest to allegedly manage/finance. I've made several complaints in regards to Bridgecrest/ CEO XXXX XXXX not upholding her fiduciary duty and complying with federal laws to provide remedy to I consumer XXXX XXXX . I rescinded the transaction in accordance to 15 USC 1635/ 12 CFR 1026.24 and I have yet to receive my refund of all monies paid to date on account within 20 days allowed by law. Instead I continue to get a deceptive, false, misleading, and fraudulent response via mail and CFPB that I continue to owe a debt that pursuant to federal law 31 U.S. Code 3123 ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter. 18 U.S. Code 8 The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. Steinber v. Mid-Penn Consumer Discount Co., 220 B.R 155 ( Pa. 1990 ). XXXX violated TILA by not including a finance charge for the consumers ' purchase of such insurance was a condition I'mposed by the company. The cost of the insurance was added to the amount financed and not to the financed charge. Bridgecrest never even offered or allowed me to add insurance to the finance charge. The entire contract was fraud and they continue to lie and send false and misleading messages via the CFPB site. in Case law Schultz v. Central Mortgage Co., 58 B.R. 945 ( Pa. 1986 ) The court determined that the creditor failed to meet any of the conditions for excluding such costs and was liable for twice the finance charge. Bridgecrest is liable to me the consumer twice the finance charge. The retail installment agreement showed that I gave security interest that secured all obligations and for Bridgecrest to turn around and create a loan under the Truth and Lending act and FDCPA constitutes it as fraud. The Uniform Commercial Code informs of the security interest. 9-206. SECURITY INTEREST ARISING IN PURCHASE OR DELIVERY OF FINANCIAL ASSET.\n\n( a ) [ Security interest when person buys through securities intermediary. ] A security interest in favor of a securities intermediary attaches to a person 's security entitlement if : ( 1 ) the person buys a financial asset through the securities intermediary in a transaction in which the person is obligated to pay the purchase price to the securities intermediary at the time of the purchase; and ( 2 ) the securities intermediary credits the financial asset to the buyer 's securities account before the buyer pays the securities intermediary.\n\n( b ) [ Security interest secures obligation to pay for financial asset. ] The security interest described in subsection ( a ) secures the person 's obligation to pay for the financial asset.\n\n( c ) [ Security interest in payment against delivery transaction. ] A security interest in favor of a person that delivers a certificated security or other financial asset represented by a writing attaches to the security or other financial asset if : ( 1 ) the security or other financial asset : ( A ) in the ordinary course of business is transferred by delivery with any necessary indorsement or assignment ; and ( B ) is delivered under an agreement between persons in the business of dealing with such securities or financial assets ; and ( 2 ) the agreement calls for delivery against payment.\n\n( d ) [ Security interest secures obligation to pay for delivery. ] The security interest described in subsection ( c ) secures the obligation to make payment for the delivery.The contract was never between I the consumer but between the creditor and seller pursuant to 2-104. Definitions : \" Merchant '' ; \" Between Merchants '' ; \" Financing Agency ''.\n\nPrimary tabs ( 1 ) \" Merchant '' means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.\n\n( 2 ) \" Financing agency '' means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller 's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany the draft. \" Financing agency '' includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods ( Section 2-707 ).\n\n( 3 ) \" Between Merchants '' means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants. According to 15 USC 1681b my social security number is defined as a \" credit card '' however the social security number belongs to the US government, it was assigned to me but doesn't belong to me. Which is the reason why pursuant to 18 USC 8 all debts are the obligation of the United States. Any entity requesting my social security number to apply for a loan on any application, knowing there's no money to lend is a felony and pursuant to 42 U.S.Code 408. I am requesting the director of CFPB to step in and Rhoit Chopra and assist with charging CEO XXXX XXXX with non compliance of Federal Law and fraud and all agents that did research fraud.","date_sent_to_company":"2022-03-01T11:21:58.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"95205","tags":null,"has_narrative":true,"complaint_id":"5276073","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Bridgecrest Acceptance Corporation","date_received":"2022-03-01T09:45:17.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Fraudulent loan"},"highlight":{"complaint_what_happened":["<em>before</em> the buyer pays the <em>securities</em> intermediary"]},"sort":[15.535635,"5276073"]},{"_index":"complaint-public-v1","_id":"12113905","_score":15.388792,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Email : XXXX Date : XXXXXX/XX/XXXX To : TransUnion XXXX XXXX XXXX XXXX, PA XXXX Subject : Formal Complaint Violation of Consumer Laws and UCC Rights Regarding Re-Insertion of XXXX Charge-Off Account Dear TransUnion Dispute Department , I am writing to formally file a complaint regarding the results of your reinvestigation of my previous dispute concerning the XXXX charge-off account on my credit report. As indicated in your correspondence dated [ Insert Date from TransUnion Letter ], this account was deleted and subsequently re-added. I assert that this action is in direct violation of federal consumer laws and my rights as a secured party under UCC ( Uniform Commercial Code ) laws.\n\nAttached Documents : Copy of TransUnion 's reinvestigation results letter.\n\nPreviously filed FTC affidavit.\n\nPrevious CFPB complaint number : XXXX. \nViolation of Consumer Laws Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, credit reporting agencies are mandated to ensure the maximum accuracy of information on consumer reports. It is unlawful under 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) to reinsert previously deleted information unless the furnisher of that information certifies its accuracy. I demand proof that such certification was provided by XXXX before this account was re-added. \n\nIRS Classification and Reporting of Charge-Off Accounts According to the IRS, charge-off accounts are considered forgiven debt, which constitutes taxable income rather than a credit obligation. As forgiven debt is categorized as income, it is not permissible for such to be reported on a consumer credit report, as income is not a tradeline under the FCRA. Re-inserting this account violates 15 U.S.C. 1681c ( a ) ( 4 ), which prohibits obsolete and inaccurate information.\n\nViolation of UCC Rights as a Secured Party I am a secured party creditor with a UCC1 filing, which establishes my status under UCC laws. As a secured party, I possess the legal right to control the narrative of my credit and financial dealings. Re-inserting the XXXX charge-off account infringes upon my secured party rights under UCC Article 9, which governs the perfection and priority of security interests. TransUnion has overstepped by disregarding my standing and lawful claim.\n\nDemands and Resolution I am demanding the immediate and permanent removal of the XXXX charge-off account from my credit report. Additionally, I require : Written confirmation of the deletion within 30 days. \nA detailed explanation of the procedures followed that led to the reinsertion. \nProof that XXXX provided certification of the accounts accuracy prior to reinsertion, as mandated by law. \nAssurance that no further violations of my consumer and UCC rights will occur.\n\nFailure to comply with these demands will leave me no choice but to escalate this matter by filing additional complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and pursuing legal action to enforce my rights.\n\nConclusion TransUnion has acted unlawfully by re-adding the XXXX charge-off account to my credit report. This is a clear violation of FCRA provisions and my secured party rights under UCC laws. I expect swift corrective action to rectify this matter immediately.\n\nI anticipate your prompt attention and response to this serious issue.\n\nCC : XXXX Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Email : XXXX XXXX","date_sent_to_company":"2025-02-25T18:09:43.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"11434","tags":null,"has_narrative":true,"complaint_id":"12113905","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-02-18T21:54:49.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Violation of UCC Rights as a <em>Secured</em> <em>Party</em> I am a <em>secured</em> <em>party</em> creditor with a UCC1 filing, which establishes my status under UCC laws. As a <em>secured</em> <em>party</em>, I possess the legal right to control the narrative of my credit and <em>financial</em> dealings. Re-inserting the XXXX charge-off account infringes upon my <em>secured</em> <em>party</em> rights under UCC Article 9, which governs the perfection and priority of <em>security</em> interests. TransUnion has overstepped by disregarding my standing and lawful claim."]},"sort":[15.388792,"12113905"]},{"_index":"complaint-public-v1","_id":"12473504","_score":15.248421,"_source":{"product":"Student loan","complaint_what_happened":"Formal Complaint Regarding Unauthorized Access to Education Records, Social Security Information, and Request for Student Loan Forgiveness Dear CFPB, I am writing to formally file a complaint under the Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) regarding the unauthorized access and disclosure of my protected education records, Social Security information, and personal address. Additionally, I am requesting the forgiveness of all federal student loans under my name due to the severe violation of my privacy rights and the potential misuse of my personal information. \n\nOn or around XX/XX/XXXX, I became aware that my secure education records, including my Social Security number and personal address, were accessed and disclosed without my consent. This unauthorized access occurred within Nelnet, in violation of all privacy regulations. \n\nThe specific details of the incident are as follows : 1. **Unauthorized Access : ** XX/XX/XXXX it was reported by the news and the government XXXX XXXX and XXXX  had accessed student loan information system. \n2. **Information Disclosed : ** My Social Security number, education records, and personal address were accessed and/or disclosed to unauthorized individuals or entities. \n3. **Impact : ** This breach has caused significant harm, including [ describe any consequences, such as identity theft, emotional distress, financial harm, etc. ]. \nFERPA Violations FERPA guarantees the privacy and security of students education records and personally identifiable information ( PII ). The unauthorized access and disclosure of my records constitute a clear violation of FERPA, including but not limited to : - **34 CFR 99.30 : ** Failure to obtain my written consent before disclosing my education records.\n\n- **34 CFR 99.31 : ** Lack of a permissible exception to disclose my records without consent.\n\n- **34 CFR 99.33 : ** Failure to ensure that only authorized parties accessed my records.\n\nRequest for Student Loan Forgiveness Due to the severity of this violation and the potential misuse of my personal information, I am requesting the forgiveness of all federal student loans under my name. The unauthorized access to my Social Security number and education records has compromised my financial security and created undue stress, making it unreasonable to hold me accountable for these loans.\n\n1. I request a thorough investigation into this violation, including the identification of all parties responsible for the unauthorized access and disclosure of my records.\n\n2. I request that Nelnet and any other student loan servicer past or present, take immediate steps to secure my records, prevent future breaches, and provide me with a detailed report of the actions taken.\n\n3. I request the forgiveness of all federal student loans under my name due to the harm caused by this violation.\n\n4. I request written confirmation of the steps taken to address this complaint and the outcome of the investigation. \n\nI trust that your office will take this matter seriously and act promptly to address this violation of my rights. Please contact me at XXXX or XXXX if you require additional information or documentation. \n\nThank you for your attention to this matter. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-03-13T21:51:58.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Federal student loan servicing","zip_code":"85040","tags":null,"has_narrative":true,"complaint_id":"12473504","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2025-03-13T21:38:15.000Z","state":"AZ","company_public_response":null,"sub_issue":"Was not notified of investigation status or results"},"highlight":{"complaint_what_happened":["The unauthorized access to my Social <em>Security</em> number and education records has compromised my <em>financial</em> <em>security</em> and created undue stress, making it unreasonable to hold me accountable for these loans.\n\n1. I request a thorough investigation into this violation, including the identification of all <em>parties</em> responsible for the unauthorized access and disclosure of my records.\n\n2."]},"sort":[15.248421,"12473504"]},{"_index":"complaint-public-v1","_id":"15504704","_score":15.109684,"_source":{"product":"Debt collection","complaint_what_happened":"I am submitting this complaint regarding a fraudulent and unauthorized UCC lien placed on my XXXX XXXX account by Giggle Finance, company. This action has resulted in a freeze of my account and denial of access to my funds, without any prior notice, documentation, or legal justification. I am not associated with Giggle Finance in any way.\n\nI did not receive : 1. Any written notification of the lien.\n\n2. A copy of the alleged contract or agreement authorizing the lien.\n\n3. An opportunity to dispute the matter before enforcement.\n\nThis violates my rights under the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ), which require creditors and collectors to provide clear notice and allow consumers to dispute claims. Additionally, under UCC Article 9 and Texas Business and Commerce Code 9.611, a secured party must provide reasonable notification before enforcing a security interest.\n\nThis lien was filed fraudulently and improperly, and the enforcement through XXXX XXXX has caused financial harm and disruption. I am requesting that the CFPB investigate the lenders conduct, ensure the lien is removed, and hold the company accountable for violating consumer protection laws without due diligence. \n\nDesired Resolution : 1. Immediate release of the lien and restoration of access to my XXXX XXXX funds. \n2. Formal investigation into the lenders practices.\n\n3. Assurance that no further unauthorized liens will be enforced without due process.","date_sent_to_company":"2025-08-25T09:34:34.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Payday loan debt","zip_code":"770XX","tags":null,"has_narrative":true,"complaint_id":"15504704","timely":"No","company_response":"Untimely response","submitted_via":"Web","company":"Giggle Finance Inc.","date_received":"2025-08-25T09:08:22.000Z","state":"TX","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["An opportunity to dispute the matter <em>before</em> enforcement.\n\nThis violates my rights under the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ), which require creditors and collectors to provide clear notice and allow consumers to dispute claims. Additionally, under UCC Article 9 and Texas Business and Commerce Code 9.611, a <em>secured</em> <em>party</em> must provide reasonable notification <em>before</em> enforcing a <em>security</em> interest."]},"sort":[15.109684,"15504704"]},{"_index":"complaint-public-v1","_id":"8154476","_score":15.076274,"_source":{"product":"Debt collection","complaint_what_happened":"CarMax failed to provide me with the bank ledger that I requested that proves CarMax indeed funded this loan. I am not requesting records of alleged indebtedness but the bank ledger for the book entry of this loan. Since CarMax failed to provide such documents this proves what I stated that my financial asset indeed funded this credit arrangement and CarMax has failed to properly report this information to the Internal Revenue Service and pay taxes per the IRS publication. I have alerted the IRS to audit this account as the principal balance and interest payments belong to me and CarMax has failed to properly account for these amounts. \n\n\n( 3 ) \" Account debtor '' means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper. \n\n( 4 ) \" Accounting '', except as used in \" accounting for '', means a record : ( A ) authenticated by a secured party ; ( B ) indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record ; and ( C ) identifying the components of the obligations in reasonable detail. \n( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement.\n\n( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section.\n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/1977 from requirements of 433.2 ( a ). \n( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. \n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. \n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. \n\n( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.\n\n( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.\n\na ) A person acquires a security or an interest therein, under this Article, if : ( 1 ) the person is a purchaser to whom a security is delivered pursuant to Section 8-301 ; or ( 2 ) the person acquires a security entitlement to the security pursuant to Section 8-501.\n\n( b ) A person acquires a financial asset, other than a security, or an interest therein, under this Article, if the person acquires a security entitlement to the financial asset.\n\n( c ) A person who acquires a security entitlement to a security or other financial asset has the rights specified in Part 5, but is a purchaser of any security, security entitlement, or other financial asset held by the securities intermediary only to the extent provided in Section 8-503.\n\n( d ) Unless the context shows that a different meaning is intended, a person who is required by other law, regulation, rule, or agreement to transfer, deliver, present, surrender, exchange, or otherwise put in the possession of another person a security or financial asset satisfies that requirement by causing the other person to acquire an interest in the security or financial asset pursuant to subsection ( a ) or ( b ).","date_sent_to_company":"2024-01-13T20:53:10.000Z","issue":"False statements or representation","sub_product":"Auto debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8154476","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CarMax, Inc.","date_received":"2024-01-13T20:16:43.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["( c ) A person who acquires a <em>security</em> entitlement to a <em>security</em> or other <em>financial</em> asset has the rights specified in Part 5, but is a purchaser of any <em>security</em>, <em>security</em> entitlement, or other <em>financial</em> asset held by the <em>securities</em> intermediary only to the extent provided in Section 8-503."]},"sort":[15.076274,"8154476"]},{"_index":"complaint-public-v1","_id":"13140460","_score":14.932482,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"To : Equifax XXXX XXXX, XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX Experian Information Solutions , Inc . \nAttn : Legal Compliance XXXX XXXX XXXX XXXX XXXX XXXX TransUnion, XXXX XXXX : Legal Compliance XXXX XXXX XXXX XXXX XXXX XXXX Subject : Third and Final Administrative Complaint Before Federal Suit FCRA 605B, Cease & Desist, Securities Fraud, Identity Theft, and Collusion Dear Chief Compliance Officers and Legal Departments, This correspondence shall serve as the third and final notice, affidavit, and formal complaint prior to initiating a civil action in federal court and filing a demand with the Consumer Financial Protection Bureau ( CFPB ). \n\nI am writing to demand immediate removal of all derogatory information, including but not limited to : charge-offs, inquiries, collections, late payments, account closures, and any and all negative reporting associated with the improper use of my name, personal data, and Social Security Number XXXX in any and all consumer credit transactions that were unlawfully converted into debt obligations without my knowledge, consent, or proper consideration. \n\nLegal Grounds & Violations You are in direct violation of the Fair Credit Reporting Act ( FCRA ), particularly 15 U.S. Code 1681c-2 ( 605B ) by publishing fraudulent and unauthorized credit information. I assert the following : My credit applications were monetized, securitized, and used as negotiable financial instruments under XXXXCC 3-104 and 3-306. \n\nAt no time did I consent to these instruments being used without equal consideration. \n\nAny alleged debt or obligation arising from these transactions was not disclosed in full, nor was proper value returned, constituting identity theft and a deceptive financial practice. \n\nFCRA 605B requires you to block any information resulting from identity theft within XXXX business days of receiving valid notice and documentation. \n\nThe unlawful posting of data and inquires constitutes a breach of trust, fraud, and securities conversion, whereby Ithe creditor and investorwas not compensated. \n\nThe use of my SSN by entities to which I never gave explicit and knowing consent is a violation of the Social Security Act and privacy protections under 5 USC 552a. \n\nSecurities and Collusion Notice The undersigned does not consent to being treated as a debtor, obligor, or public vessel in commerce. I am the secured party creditor of all transactions bearing my name and social security number. \n\nAs per SEC definitions under 15 U.S.C. 77b and 78c, the use of my application or promissory note as a security obligates you to the same disclosure, performance, and registration standards imposed upon financial institutions. \n\nYour failure to validate the original, signed agreementscoupled with continued reporting of unverifiable dataconstitutes collusion with unjust enrichers, aiding and abetting conversion of financial instruments, and denial of due process. \n\nDemand for Immediate Relief You are hereby demanded to : Immediately and permanently remove all negative, false, unverifiable, and unauthorized entries from my consumer credit report. \n\nCease and Desist all publication, reporting, and inquiry of data associated with my name, likeness, or SSN unless a verifiable bilateral contract with full disclosure and lawful consideration can be produced. \n\nAcknowledge that any further publication constitutes willful misconduct, commercial fraud, and a violation of federal privacy and credit statutes. \n\nExecutive Order Reference You are also placed on notice of Executive Order XXXX issued under the Trump XXXX, which affirms that regulatory enforcement should not punish individuals without clear statutory grounding. You are to demonstrate the specific and lawful authority by which you have posted derogatory credit information connected to my financial identity. \n\nFee Schedule for Continued Violations Pursuant to UCC 1-308 ( Reservation of Rights ) and in harmony with equity, I am enforcing the following private administrative fee schedule, effective upon service of this notice : {$2500.00} per unauthorized credit inquiry {$5000.00} per false or derogatory item reported or re-reported after this notice {$10000.00} per unauthorized disclosure to third parties {$100000.00} for failure to comply within XXXX calendar days of receipt This document constitutes legal notice and commercial presentment. Your failure to rebut these claims point-for-point, with affidavit and original wet-ink agreements, within XXXX  days, shall constitute tacit agreement and your full acceptance of liability under commercial law, equity, and trust. \n\nRemedy Election Failure to cure will result in : A formal complaint to the Consumer Financial Protection Bureau ( CFPB ) Federal civil complaint under 42 USC 1983, FCRA, FDCPA, and SEC violations Demand for punitive damages, sanctions, and injunctions in district court Respectfully submitted, [ Authorized Representative Name ] XXXX XXXX XXXX XXXX, Secured Party Creditor, Beneficiary of the Legal Estate","date_sent_to_company":"2025-04-23T06:09:41.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"95219","tags":null,"has_narrative":true,"complaint_id":"13140460","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-04-23T06:09:18.000Z","state":"CA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I am the <em>secured</em> <em>party</em> creditor of all transactions bearing my name and social <em>security</em> number. \n\nAs per SEC definitions under 15 U.S.C. 77b and 78c, the use of my application or promissory note as a <em>security</em> obligates you to the same disclosure, performance, and registration standards imposed upon <em>financial</em> institutions."]},"sort":[14.932482,"13140460"]},{"_index":"complaint-public-v1","_id":"13140463","_score":14.931667,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"To : Equifax XXXX XXXX, XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX Experian Information Solutions , Inc . \nAttn : Legal Compliance XXXX XXXX XXXX XXXX XXXX XXXX TransUnion, XXXX XXXX : Legal Compliance XXXX XXXX XXXX XXXX XXXX XXXX Subject : Third and Final Administrative Complaint Before Federal Suit FCRA 605B, Cease & Desist, Securities Fraud, Identity Theft, and Collusion Dear Chief Compliance Officers and Legal Departments, This correspondence shall serve as the third and final notice, affidavit, and formal complaint prior to initiating a civil action in federal court and filing a demand with the Consumer Financial Protection Bureau ( CFPB ). \n\nI am writing to demand immediate removal of all derogatory information, including but not limited to : charge-offs, inquiries, collections, late payments, account closures, and any and all negative reporting associated with the improper use of my name, personal data, and Social Security Number XXXX in any and all consumer credit transactions that were unlawfully converted into debt obligations without my knowledge, consent, or proper consideration. \n\nLegal Grounds & Violations You are in direct violation of the Fair Credit Reporting Act ( FCRA ), particularly 15 U.S. Code 1681c-2 ( 605B ) by publishing fraudulent and unauthorized credit information. I assert the following : My credit applications were monetized, securitized, and used as negotiable financial instruments under XXXXCC 3-104 and 3-306. \n\nAt no time did I consent to these instruments being used without equal consideration. \n\nAny alleged debt or obligation arising from these transactions was not disclosed in full, nor was proper value returned, constituting identity theft and a deceptive financial practice. \n\nFCRA 605B requires you to block any information resulting from identity theft within XXXX business days of receiving valid notice and documentation. \n\nThe unlawful posting of data and inquires constitutes a breach of trust, fraud, and securities conversion, whereby Ithe creditor and investorwas not compensated. \n\nThe use of my SSN by entities to which I never gave explicit and knowing consent is a violation of the Social Security Act and privacy protections under 5 USC 552a. \n\nSecurities and Collusion Notice The undersigned does not consent to being treated as a debtor, obligor, or public vessel in commerce. I am the secured party creditor of all transactions bearing my name and social security number. \n\nAs per SEC definitions under 15 U.S.C. 77b and 78c, the use of my application or promissory note as a security obligates you to the same disclosure, performance, and registration standards imposed upon financial institutions. \n\nYour failure to validate the original, signed agreementscoupled with continued reporting of unverifiable dataconstitutes collusion with unjust enrichers, aiding and abetting conversion of financial instruments, and denial of due process. \n\nDemand for Immediate Relief You are hereby demanded to : Immediately and permanently remove all negative, false, unverifiable, and unauthorized entries from my consumer credit report. \n\nCease and Desist all publication, reporting, and inquiry of data associated with my name, likeness, or SSN unless a verifiable bilateral contract with full disclosure and lawful consideration can be produced. \n\nAcknowledge that any further publication constitutes willful misconduct, commercial fraud, and a violation of federal privacy and credit statutes. \n\nExecutive Order Reference You are also placed on notice of Executive Order XXXX issued under the Trump XXXX, which affirms that regulatory enforcement should not punish individuals without clear statutory grounding. You are to demonstrate the specific and lawful authority by which you have posted derogatory credit information connected to my financial identity. \n\nFee Schedule for Continued Violations Pursuant to UCC 1-308 ( Reservation of Rights ) and in harmony with equity, I am enforcing the following private administrative fee schedule, effective upon service of this notice : {$2500.00} per unauthorized credit inquiry {$5000.00} per false or derogatory item reported or re-reported after this notice {$10000.00} per unauthorized disclosure to third parties {$100000.00} for failure to comply within XXXX calendar days of receipt This document constitutes legal notice and commercial presentment. Your failure to rebut these claims point-for-point, with affidavit and original wet-ink agreements, within XXXX  days, shall constitute tacit agreement and your full acceptance of liability under commercial law, equity, and trust. \n\nRemedy Election Failure to cure will result in : A formal complaint to the Consumer Financial Protection Bureau ( CFPB ) Federal civil complaint under 42 USC 1983, FCRA, FDCPA, and SEC violations Demand for punitive damages, sanctions, and injunctions in district court Respectfully submitted, [ Authorized Representative Name ] XXXX XXXX XXXX XXXX, Secured Party Creditor, Beneficiary of the Legal Estate","date_sent_to_company":"2025-04-23T06:09:44.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"95219","tags":null,"has_narrative":true,"complaint_id":"13140463","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-04-23T06:09:18.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I am the <em>secured</em> <em>party</em> creditor of all transactions bearing my name and social <em>security</em> number. \n\nAs per SEC definitions under 15 U.S.C. 77b and 78c, the use of my application or promissory note as a <em>security</em> obligates you to the same disclosure, performance, and registration standards imposed upon <em>financial</em> institutions."]},"sort":[14.931667,"13140463"]},{"_index":"complaint-public-v1","_id":"13140101","_score":14.908723,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"To : Equifax XXXX XXXX, XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX Experian Information Solutions , Inc . \nAttn : Legal Compliance XXXX XXXX XXXX XXXX XXXX XXXX TransUnion, XXXX XXXX : Legal Compliance XXXX XXXX XXXX XXXX XXXX XXXX Subject : Third and Final Administrative Complaint Before Federal Suit FCRA 605B, Cease & Desist, Securities Fraud, Identity Theft, and Collusion Dear Chief Compliance Officers and Legal Departments, This correspondence shall serve as the third and final notice, affidavit, and formal complaint prior to initiating a civil action in federal court and filing a demand with the Consumer Financial Protection Bureau ( CFPB ). \n\nI am writing to demand immediate removal of all derogatory information, including but not limited to : charge-offs, inquiries, collections, late payments, account closures, and any and all negative reporting associated with the improper use of my name, personal data, and Social Security Number XXXX in any and all consumer credit transactions that were unlawfully converted into debt obligations without my knowledge, consent, or proper consideration. \n\nLegal Grounds & Violations You are in direct violation of the Fair Credit Reporting Act ( FCRA ), particularly 15 U.S. Code 1681c-2 ( 605B ) by publishing fraudulent and unauthorized credit information. I assert the following : My credit applications were monetized, securitized, and used as negotiable financial instruments under XXXXCC 3-104 and 3-306. \n\nAt no time did I consent to these instruments being used without equal consideration. \n\nAny alleged debt or obligation arising from these transactions was not disclosed in full, nor was proper value returned, constituting identity theft and a deceptive financial practice. \n\nFCRA 605B requires you to block any information resulting from identity theft within XXXX business days of receiving valid notice and documentation. \n\nThe unlawful posting of data and inquires constitutes a breach of trust, fraud, and securities conversion, whereby Ithe creditor and investorwas not compensated. \n\nThe use of my SSN by entities to which I never gave explicit and knowing consent is a violation of the Social Security Act and privacy protections under 5 USC 552a. \n\nSecurities and Collusion Notice The undersigned does not consent to being treated as a debtor, obligor, or public vessel in commerce. I am the secured party creditor of all transactions bearing my name and social security number. \n\nAs per SEC definitions under 15 U.S.C. 77b and 78c, the use of my application or promissory note as a security obligates you to the same disclosure, performance, and registration standards imposed upon financial institutions. \n\nYour failure to validate the original, signed agreementscoupled with continued reporting of unverifiable dataconstitutes collusion with unjust enrichers, aiding and abetting conversion of financial instruments, and denial of due process. \n\nDemand for Immediate Relief You are hereby demanded to : Immediately and permanently remove all negative, false, unverifiable, and unauthorized entries from my consumer credit report. \n\nCease and Desist all publication, reporting, and inquiry of data associated with my name, likeness, or SSN unless a verifiable bilateral contract with full disclosure and lawful consideration can be produced. \n\nAcknowledge that any further publication constitutes willful misconduct, commercial fraud, and a violation of federal privacy and credit statutes. \n\nExecutive Order Reference You are also placed on notice of Executive Order XXXX issued under the Trump XXXX, which affirms that regulatory enforcement should not punish individuals without clear statutory grounding. You are to demonstrate the specific and lawful authority by which you have posted derogatory credit information connected to my financial identity. \n\nFee Schedule for Continued Violations Pursuant to UCC 1-308 ( Reservation of Rights ) and in harmony with equity, I am enforcing the following private administrative fee schedule, effective upon service of this notice : {$2500.00} per unauthorized credit inquiry {$5000.00} per false or derogatory item reported or re-reported after this notice {$10000.00} per unauthorized disclosure to third parties {$100000.00} for failure to comply within XXXX calendar days of receipt This document constitutes legal notice and commercial presentment. Your failure to rebut these claims point-for-point, with affidavit and original wet-ink agreements, within XXXX  days, shall constitute tacit agreement and your full acceptance of liability under commercial law, equity, and trust. \n\nRemedy Election Failure to cure will result in : A formal complaint to the Consumer Financial Protection Bureau ( CFPB ) Federal civil complaint under 42 USC 1983, FCRA, FDCPA, and SEC violations Demand for punitive damages, sanctions, and injunctions in district court Respectfully submitted, [ Authorized Representative Name ] XXXX XXXX XXXX XXXX, Secured Party Creditor, Beneficiary of the Legal Estate","date_sent_to_company":"2025-04-23T06:09:46.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"95219","tags":null,"has_narrative":true,"complaint_id":"13140101","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-04-23T05:56:23.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["I am the <em>secured</em> <em>party</em> creditor of all transactions bearing my name and social <em>security</em> number. \n\nAs per SEC definitions under 15 U.S.C. 77b and 78c, the use of my application or promissory note as a <em>security</em> obligates you to the same disclosure, performance, and registration standards imposed upon <em>financial</em> institutions."]},"sort":[14.908723,"13140101"]},{"_index":"complaint-public-v1","_id":"19533149","_score":14.5059805,"_source":{"product":"Credit card","complaint_what_happened":"For more than a year, my Citibank credit card account has been repeatedly targeted by highly sophisticated scammers who have accurate, real-time information about my account.The calls are coming from a real CITI BANK number. During these calls, the scammers know my recent and exact transactions, exact name of the places I made purchase from and the amount, current exact balance, past balance, they know that I have paid my balance, card details, address, and partial Social Security number.\n\nThis has continued despite multiple security actions, including several card replacements, new user IDs, password changes using strong unique passwords, account reviews with Citibanks fraud department, credit freezes, and full security monitoring. My email accounts, devices, and digital wallets are secured with multi-factor authentication and rotating security codes.\n\nI do not store my Citibank information in unsecured apps, and I do not reuse this card at the same merchants.I do not use this card shopping OUT. My account has very limited usage. Despite this scammers still have an access to all this info and make calls using spoofed Citibank phone numbers and highly specific account details.\n\nBecause the scammers consistently have access to current balances and recent transactions, this suggests unauthorized access through Citibanks internal systems or third-party service partners. Standard security measures have not resolved this issue.\n\nI have made repeated efforts to resolve this directly with Citibank over the past year, but the problem continues.I have replaced my card 3 times since XX/XX/XXXX XXXX.And two times before that for the last 12 months.\n\nI am requesting a formal investigation into possible internal or partner data access, a full review of who has accessed my account information, and permanent corrective action to protect my personal and financial data","date_sent_to_company":"2026-02-16T19:08:39.000Z","issue":"Other features, terms, or problems","sub_product":"General-purpose credit card or charge card","zip_code":"30066","tags":null,"has_narrative":true,"complaint_id":"19533149","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2026-02-16T18:52:25.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Privacy issues"},"highlight":{"complaint_what_happened":["This has continued despite multiple <em>security</em> actions, including several card replacements, new user IDs, password changes using strong unique passwords, account reviews with Citibanks fraud department, credit freezes, and full <em>security</em> monitoring. My email accounts, devices, and digital wallets are <em>secured</em> with multi-factor authentication and rotating <em>security</em> codes."]},"sort":[14.5059805,"19533149"]},{"_index":"complaint-public-v1","_id":"12033118","_score":14.27915,"_source":{"product":"Student loan","complaint_what_happened":"I am filing a formal complaint against Nelnet and the U.S. Department of Education for allowing unauthorized access to my student loan records, violating my rights under the Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) and failing to properly protect my personal financial and loan information. \n\nI recently became aware that DOGE ( associated with XXXX XXXX office ) accessed student loan records, including mine, without my consent. This is a serious breach of data security and privacy, and both Nelnet and the Department of Education are responsible for failing to prevent this unauthorized access. \n\nKey Issues & Violations : Unauthorized Access to My Loan Records My student loan data was accessed by unauthorized personnel who are not legally permitted to view or handle my records. \nFERPA requires written consent before student loan records are shared with any party. I never authorized this access. \nFailure to Secure My Private Loan Information Nelnet and the U.SXXXX Department of Education failed to implement the necessary data security measures to prevent unauthorized individuals from viewing, using, or sharing my personal financial details. \nThis puts me at risk for identity theft, fraud, and financial harm. \nPotential Data Sharing on Public or Shared Documents There is concern that my student loan records may have been included in shared databases, public repositories, or mailing lists, exposing my information beyond authorized use. \nNegligence in Handling My Student Loan Account As a result of this data mishandling, I am unable to trust that my loan balance, terms, and records have been properly maintained by Nelnet and the Department of Education. \nThis has directly impacted my ability to manage and make informed decisions regarding my student loans. \nActions I Have Taken : I am reporting this issue to the U.S. Department of Education, the Federal Trade Commission ( FTC ), and my state Attorney Generals Office for further investigation. \nI am requesting a full review of Nelnet and the Department of Educations data security policies to determine how this breach occurred and what steps will be taken to prevent future unauthorized access.","date_sent_to_company":"2025-02-12T03:11:20.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"37343","tags":null,"has_narrative":true,"complaint_id":"12033118","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2025-02-12T02:57:36.000Z","state":"TN","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["Failure to <em>Secure</em> My Private Loan Information Nelnet and the U.SXXXX Department of Education failed to implement the necessary data <em>security</em> measures to prevent unauthorized individuals from viewing, using, or sharing my personal <em>financial</em> details. \nThis puts me at risk for identity theft, fraud, and <em>financial</em> harm."]},"sort":[14.27915,"12033118"]},{"_index":"complaint-public-v1","_id":"3001978","_score":14.27023,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"No balance involved to date. The account was opened with scanned photo/identification card on Tuesday XX/XX/2018. Th company suggests 4-5 days to verify and sync criteria. \n\n# # - Please type your reply above this line - # # Hello XXXX, Your request ( XXXX ) has been received and will be reviewed by our support staff. \n\nIf you want to add additional comments, simply reply to this email. \n\nXXXX XX/XX/XXXX, XXXX XXXX PDT This is a follow-up to your previous request # XXXX \" secure wallet '' Thats, an interesting reply. The commodities investment privileges on a state by state basis can be reviewed where? \n\nSincerely, The Robinhood Team XXXX Follow us on XXXX to get the latest product news! \n\nRobinhood Financial LLC and Robinhood Crypto, LLC are wholly-owned subsidiaries of Robinhood Markets , Inc. Equities and options are offered to self-directed customers by Robinhood Financial . Robinhood Financial is a member of the Financial Industry Regulatory Authority ( FINRA ) and the Securities Investor Protection Corporation ( SIPC ), which protects securities customers of its members up to {$500000.00} ( including {$250000.00} for claims for cash ). Explanatory brochure available upon request or at XXXX. Cryptocurrency trading is offered through an account with Robinhood Crypto. Robinhood Crypto is not a member of FINRA or SIPC. Cryptocurrencies are not stocks  and your cryptocurrency investments are not protected by either FDIC or SIPC insurance. \n\nFree trading refers to {$0.00} commissions for Robinhood Financial self-directed individual cash or margin brokerage accounts that trade U.S. listed securities via mobile devices. Relevant SEC & FINRA fees may apply. Please see Robinhood Financials Commission and Fee Schedule.\n\nRobinhood is currently registered in the following jurisdiction ( s ). This is not an offer, solicitation of an offer, or advice to buy or sell securities, or open a brokerage account in any jurisdiction where Robinhood is not registered. \n\nAll investments involve risk and the past performance of a security, or financial product does not guarantee future results or returns. Keep in mind that while diversification may help spread risk it does not assure a profit, or protect against loss, in a down market. There is always the potential of losing money when you invest in securities, or other financial products. Investors should consider their investment objectives and risks carefully before investing.Margin trading involves interest charges and risks, including the potential to lose more than deposited or the need to deposit additional collateral in a falling market. Before using margin, customers must determine whether this type of trading strategy is right for them given their specific investment objectives, experience, risk tolerance, and financial situation. For more information please see the Robinhood Financial Margin Disclosure Statement, Margin Agreement and FINRA Investor Information. These disclosures contain information on Robinhood Financials lending policies, interest charges, and the risks associated with margin accounts. \n\nInvestors should consider the investment objectives and unique risk profile of Exchange Traded Funds ( ETFs ) carefully before investing. ETFs are subject to risks similar to those of other diversified portfolios. Leveraged and Inverse ETFs may not be suitable for all investors and may increase exposure to volatility through the use of leverage, short sales of securities, derivatives and other complex investment strategies. Although ETFs are designed to provide investment results that generally correspond to the performance of their respective underlying indices, they may not be able to exactly replicate the performance of the indices because of expenses and other factors. A prospectus contains this and other information about the ETF and should be read carefully before investing. Customers should obtain prospectuses from issuers and/or their third party agents who distribute and make prospectuses available for review. ETFs are required to distribute portfolio gains to shareholders at year end. These gains may be generated by portfolio rebalancing or the need to meet diversification requirements. ETF trading will also generate tax consequences. Additional regulatory guidance on Exchange Traded Products can be found by clicking here. \n\nSystem response, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors. \n\nThird party information provided for Robinhood product features, Robinhood communications and communications emanating from its social media community are for informational purposes only and are not intended as an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction. The information provided is not warranted as to completeness or accuracy and is subject to change without notice. The Robinhood website provides its users links to social media sites and email. The linked social media and email messages are pre-populated. However, these messages can be deleted or edited by Robinhood users, who are under no obligation to send any pre-populated messages. Any comments or statements made herein do not reflect the views of Robinhood Markets Inc., Robinhood Financial , LLC or any of their subsidiaries or affiliates. \n\nTrading in cryptocurrencies comes with significant risks, including volatile market price swings or flash crashes, market manipulation, and cybersecurity risks. In addition, cryptocurrency markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing. Cryptocurrency trading can lead to large and immediate financial losses. Several federal agencies have also published advisory documents surrounding the risks of virtual currency. For more information see, the CFPB 's Consumer Advisory, the CFTC 'S Customer Advisory, the SEC 's Investor Alert, and FINRA 's  Investor Alert Note that certain Robinhood product features listed are currently in development and will be available soon. \n\nRobinhood Terms and Conditions Contact Us FAQ. \n\n\n\nConversation opened. 1 read message. \n\nSkip to content Using XXXX with screen readers Further Identification Required for Account Approval Inbox x Robinhood XXXX Unsubscribe Fri, XX/XX/XXXX, XXXX XXXX ( 8 days ago ) to me Robinhood Logo Further Identification Required for Account Approval Hi iflourish, Thank you for applying for a Robinhood account. We can not process your application until we are able to verify your identity. Please provide us with an image of your current U.S. state issued Driver License or U.S. Passport by following these steps : Sign in to Robinhood Press \" TAKE PHOTO NOW '' on the home screen If prompted, allow Robinhood to  access your camera Select the type of ID you wish to scan Follow the image upload instructions on the screen, ensuring that all text is legible Press the Submit button It's possible that we were unable to verify your identity because of a typographical error or discrepancy between your legal name and the name you provided. By responding to this email, you authorize Robinhood to make any necessary changes to your account information. You further certify that the W-9 previously submitted remains accurate. \n\nWe will review your account once we receive your additional form of identification. \n\nIf you have any questions, please contact XXXX. \n\nSincerely, The Robinhood Team XXXX Free trading refers to {$0.00} commissions for Robinhood Financial self-directed individual cash or margin brokerage accounts that  trade U.S. listed securities via mobile devices. Relevant SEC & FINRA fees may apply. Please see our Commission and Fee Schedule. \n\nRobinhood is currently registered in the following jurisdiction ( s ). This is not an offer, solicitation of an offer, or advice to buy or sell securities, or open a brokerage account in any jurisdiction where Robinhood is not registered.\n\nAll investments involve risk and the past performance of a security, or financial product does not guarantee future results or returns. Keep in mind that while diversification may help  spread risk it does not assure a profit, or protect against loss, in a down market. There is always the potential of losing money when you invest in securities, or other financial products. Investors should consider their investment objectives and risks carefully before investing. \n\nInvestors should be aware that system response, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors. \n\nMargin trading involves interest charges and risks, including the potential to lose more than deposited or the need to deposit additional collateral in a falling market. Before using margin, customers must determine whether this type of trading strategy is right for them given their specific investment objectives, experience, risk tolerance, and financial situation. For more information please see our Margin Disclosure Statement, Margin Agreement and FINRA Investor Information. These disclosures contain information on our lending policies, interest charges, and the risks associated with margin accounts.\n\nInvestors should consider the investment objectives and unique risk profile of Exchange Traded Funds ( ETFs ) carefully before investing. ETFs are subject to risks similar to those of other diversified portfolios. Leveraged and Inverse ETFs may not be suitable for all investors and may increase exposure to volatility through the use of leverage, short sales of securities, derivatives and other complex investment strategies. Although ETFs are designed to provide investment results that generally correspond to the performance of their respective underlying indices, they may not be able to exactly replicate the performance of the indices because of expenses and other factors. A prospectus contains this and other information about the ETF and should be read carefully before investing. Customers should obtain prospectuses from issuers and/or their third party agents who distribute and make prospectuses available for review. ETFs are required to distribute portfolio gains to shareholders at year end. These gains may be generated by portfolio rebalancing or the need to meet diversification requirements. ETF trading will also generate tax consequences. Additional regulatory guidance on Exchange Traded Products can be found by clicking here. \n\nThe member or an associated person is authorized to contact the trusted contact person and disclose information about the customer 's account to address possible financial exploitation, to confirm the specifics of the customer 's current contact information, health status, or the identity of any legal guardian, executor, trustee or holder of a power of attorney, or as otherwise permitted by Rule 2165. \n\nSystem response, execution price, speed, liquidity, market data, and account access times are affected by many factors, including market volatility, size and type of order, market conditions, system performance, and other factors. \n\nThird party information provided for Robinhood product features, Robinhood communications and communications emanating from its social media community, market prices, data and other information available through Robinhood are meant for informational purposes only and are not intended as an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction. The information provided is not warranted as to completeness or accuracy and is subject to change without notice. The Robinhood website provides its users links to social media sites and email. The linked social media and email messages are pre-populated. However, these messages can be deleted or edited by Robinhood users, who are under no obligation to send any pre-populated messages. Any comments or statements made herein do not reflect the views of Robinhood Markets Inc., Robinhood Financial , LLC or any of their subsidiaries or affiliates.\n\nNote that certain Robinhood product features listed are currently in development and will be available soon.\n\nAll securities and investments are offered to self-directed customers by Robinhood Financial , LLC, member FINRA & SIPC. Robinhood Financial , LLC is a wholly owned subsidiary of Robinhood Markets , Inc.\n\nRobinhood Terms and Conditions Disclosure Library Contact Us FAQ unsubscribe from this list This is a follow-up to your previous request # XXXX \" secure wallet '' Thats, an interesting reply. The commodities investment privileges on a state by state basis can be reviewed where? \n\nSincerely, The Robinhood Team robinhood.com","date_sent_to_company":"2018-09-06T13:21:55.000Z","issue":"Managing, opening, or closing your mobile wallet account","sub_product":"Mobile or digital wallet","zip_code":"60605","tags":null,"has_narrative":true,"complaint_id":"3001978","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ROBINHOOD MARKETS INC.","date_received":"2018-08-26T04:03:14.000Z","state":"IL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["There is always the potential of losing money when you invest in <em>securities</em>, or other <em>financial</em> products. Investors should consider their investment objectives and risks carefully <em>before</em> investing.Margin trading involves interest charges and risks, including the potential to lose more than deposited or the need to deposit additional collateral in a falling market."]},"sort":[14.27023,"3001978"]},{"_index":"complaint-public-v1","_id":"8683786","_score":13.759595,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Burns Auto Credit LLC. haven't given me proper notice before reporting information on any consumer reports on monthly basis. And they have not allow me my right to opt out at any time. And their initial notice wasn't clear & conspicuous on my right to opt out at anytime. 313.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Burns Auto Credit LLC - illegal charge me a down payment during consumer transaction 15 U.S. Code 1666b - Timing of payments ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. Burns Auto Credit LLC never credit my balance according to 15 U.S. Code 1666d - Treatment of credit balance Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. Burns Auto Credit LLC made misrepresentation of payments owe to them. According to Retail installment Contract section Security Interest- indicate that this section secures all payments of all I owe on this contract. But, Burns Auto Credit LLC asking and required me to make payments to them. And, I have submitted with IRS 1099C for cancellation of debt and still waiting on copy B from Burns Auto Credit LLC. After searching Secretary of State website to see if perfected lien has my filed against me and the vehicle. There was no lien filed as 12.10.23. So, I secured lien against myself & vehicle in question on 12.10.23 and receive certified copy from Secretary of State and copy of it has been forward to Burns Auto Credit LLC. I have mailed to Burns Auto Credit LLC notarized revocation letter of all their security interest in the subject vehicle and car title","date_sent_to_company":"2024-04-05T15:56:27.000Z","issue":"Improper use of your report","sub_product":"Loan","zip_code":"29340","tags":null,"has_narrative":true,"complaint_id":"8683786","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Burns Auto Credit, LLC","date_received":"2024-04-03T12:27:48.000Z","state":"SC","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["personal information to a nonaffiliated third <em>party</em> unless ( A ) such <em>financial</em> institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third <em>party</em> ; ( B ) the consumer is given the opportunity, <em>before</em> the time that such information is initially disclosed, to direct that such information not be disclosed to such third <em>party</em>"]},"sort":[13.759595,"8683786"]},{"_index":"complaint-public-v1","_id":"10907701","_score":13.684275,"_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 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":["<em>Secured</em> <em>Party</em> Creditor Rights under the Uniform Commercial Code ( UCC ) Additionally, as XXXX XXXX XXXX XXXX is the <em>Secured</em> <em>Party</em> Creditor under the Uniform Commercial Code ( UCC ), Articles 9-311, 9-312, and 9-313, all personal and <em>financial</em> data, whether categorized as public record or not, is protected as <em>secured</em> property. This includes tangible and intangible property, as well as <em>securities</em> associated with XXXX 's legal name and trade name."]},"sort":[13.684275,"10907701"]},{"_index":"complaint-public-v1","_id":"10914202","_score":13.657745,"_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":["<em>Secured</em> <em>Party</em> Creditor Rights under the Uniform Commercial Code ( UCC ) Additionally, as XXXX XXXX XXXX XXXX is the <em>Secured</em> <em>Party</em> Creditor under the Uniform Commercial Code ( UCC ), Articles 9-311, 9-312, and 9-313, all personal and <em>financial</em> data, whether categorized as public record or not, is protected as <em>secured</em> property. This includes tangible and intangible property, as well as <em>securities</em> associated with XXXX 's legal name and trade name."]},"sort":[13.657745,"10914202"]},{"_index":"complaint-public-v1","_id":"7197996","_score":13.628684,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"CFPB Fair Credit Reporting Dispute Concerning Deceptive Practices and Violation of the Privacy Act of 1974 On XX/XX/XXXX, 2023, ONE MAIN FINANCIAL claimed that I was pre-approved for a loan with their company. However, after being pre-approved, they ran my credit without providing me with full disclosure regarding collateral securitization. Subsequently, ONE MAIN FINANCIAL informed me that in order to qualify for the loan I was pre-approved for, I would have to use my personal vehicle as collateral. During the pre-approval process, I was never informed that my personal vehicle would be required as collateral for the loan. The ONE MAIN FINANCIAL affiliate or representative agent explicitly stated that the loan would be based solely on my job and income. This practice is considered unfair, deceptive, or abusive ( UDAAPs ) as it attempts to cause significant financial injury by damaging my credit reputation and eligibility. According to the Dodd-Frank Act, it is unlawful for any provider of consumer financial products or services, or a service provider, to engage in any unfair, deceptive, or abusive act or practice. \n\nMoreover, since I was not provided with full disclosure regarding the use of my personal vehicle as collateral, all prior agreements concerning access to my personal information are void. All my agreements were based on income and job worthiness, and at no time did I agree to use my vehicle as security for any debt. Due to their deceptive practice, I did not authorize ONE MAIN FINANCIAL to share my personal information with any third party based on false pretenses. \n\nONE MAIN FINANCIAL has violated 15 U.S. Code 6802 and has failed to fulfill their obligations regarding disclosures of personal information. They have also not provided me with an OPT OUT notice before adding any positive or negative information to my consumer report.\n\nFurthermore, ONE MAIN FINANCIAL violated my privacy by obtaining a credit report without a permissible purpose. I should have been informed prior to the credit inquiry that my personal vehicle would be used as collateral for a secured loan.\n\nAdditionally, in accordance with the Fair Credit Reporting Act ( 15 USC 1681 section 602a ), consumer reporting agencies such as XXXX XXXX  and XXXX  are required to handle their responsibilities with fairness, impartiality, and respect for consumers ' right to privacy. As a consumer, I have the right to ensure the non-disclosure of my private information, as supported by 15 USC 6801, which states that financial institutions have an ongoing obligation to protect customer privacy and the security of their nonpublic personal information. XXXX  has reported this information in my credit profile, contributing to the damage of my creditworthiness and reputation.","date_sent_to_company":"2023-07-04T01:57:42.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"958XX","tags":null,"has_narrative":true,"complaint_id":"7197996","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"OneMain Finance Corporation","date_received":"2023-07-04T00:37:43.000Z","state":"CA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["They have also not provided me with an OPT OUT notice <em>before</em> adding any positive or negative information to my consumer report.\n\nFurthermore, ONE MAIN <em>FINANCIAL</em> violated my privacy by obtaining a credit report without a permissible purpose. I should have been informed prior to the credit inquiry that my personal vehicle would be used as collateral for a <em>secured</em> loan."]},"sort":[13.628684,"7197996"]},{"_index":"complaint-public-v1","_id":"8421994","_score":13.402929,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Equifax credit reporting agency has refused to comply with federal law and consumer laws violating my rights as a consumer. The company has violated my privacy rights under The Privacy Act of 1974. No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). Congress advises any of my private information is not for public. The reporting agency is a non governmental entity, meaning Eye must give you consent to report the account to my consumer report. According to 15 U.S. code 6801, It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information,15 U. S. code 6802 follows by adding that, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice. XXXX XXXX XXXXXXXX and XXXX XXXX XXXX XXXX are nonaffiliated third-party 's, therefore they do not have permission to report to my consumer report. There is no contractual agreement of obligation to these debt collection agency 's for any amount. 15 U.S. code 6802 ( 1 ) also follows to insure the security and confidentiality of customer records and information. XXXX XXXX XXXXXXXX was provided information illegally from XXXX, which according to \" XXXX XXXX '' and their privacy policy advises that my information is regarded as confidential and therefore they will not disclose my information to third parties unless if legally required to do so. The original Creditor \" XXXX  \" provides they do not sell, share or rent my personal information to any third party or use my email address for unsolicited mail. XXXX XXXX  XXXX is a third party non-affiliate of \" XXXX XXXX '', and shall not be reporting to my consumer report. XXXX internet services has breached their contractual agreement as they advise they do not sell my information. As follows XXXX XXXX XXXX is not Authorized to do business or collect on any debt in the state of Michigan. Michigan law advises that a collection agency must be licensed to do business in the state that they are trying to collect from a consumer. As follows the original Creditor \" XXXX XXXX '' has breached their contractual agreement by providing my non-public information to a non-affiliated ( third party ), named \" XXXX XXXX XXXX XXXX. XXXX XXXX advises they protect my personal information from unauthorized access and use, they use security measures that comply with federal law, these measure include security safeguards and secured files. \" XXXX XXXX '' provides THEY DO NOT SHARE WITH NON-AFFILIATES such as ; Equifax and XXXX XXXX XXXX XXXX ( the collection agency ). XXXXXXXX XXXX  affiliates are ; XXXX XXXX XXXX XXXX XXXX XXXX  AND COMPANIES WITH THE XXXX XXXX  XXXX. XXXX XXXX XXXX XXXXXXXX, the collection agency is not an affiliate, neither is Equifax. Equifax has in their efforts furnished my consumer report with inaccuracies, by reporting both of these collection accounts as \" open '' accounts, which is a huge violation and a reporting error. The FCRA insures that a consumer report is of pure accuracy. Eye will highlight there is no contractual agreement with these collection company 's. Equifax violates law within, 15 U.S. code 6802b, which advises there must be 3 disclosures first before any of my information can be exchanged regarding an account and Eye must first agree to having the information of the reported account disclosed to the public. Eye have not agreed to having these accounts disclose or provided any written consent. Therefore XXXX XXXX XXXX and XXXX XXXX XXXX XXXX must be removed from my Consumer report for these inaccuracies indicated within this report and Equifax a non-affiliated, ( Third party ) of \" XXXX XXXX \" the original creditor of the collection agency \" XXXXXXXX XXXX XXXXXXXX '' and XXXX XXXX XXXX XXXXXXXX, the original creditor \" XXXX XXXX '' must be removed from my consumer report effective immediately.","date_sent_to_company":"2024-02-27T04:21:16.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"48091","tags":null,"has_narrative":true,"complaint_id":"8421994","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-27T02:59:44.000Z","state":"MI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["S. code 6802 follows by adding that, a <em>financial</em> institution may not, directly or through any affiliate, disclose to a nonaffiliated third <em>party</em> any nonpublic personal information, unless such <em>financial</em> institution provides or has provided to the consumer a notice. XXXX XXXX XXXXXXXX and XXXX XXXX XXXX XXXX are nonaffiliated third-<em>party</em> 's, therefore they do not have permission to report to my consumer report."]},"sort":[13.402929,"8421994"]},{"_index":"complaint-public-v1","_id":"8894435","_score":13.329678,"_source":{"product":"Credit card","complaint_what_happened":"Hello XXXX XXXX XXXX Director of the Consumer Financial Protection Bureau. \n\nI would like to thank you for your time on this case. After I try to solve this issue with them and they decide not to perform I would like to report AMERICAN EXPRESS COMPANY and its subsidiaries, hereinafter THE COMPANY, for breaching some representation and warranties and failing to comply with their own SEC agreements. On the date XX/XX/XXXX I entered into a credit consumer Transaction with them which they denied immediately after the adverse action letter ( exhibit XXXX ) stated reasons about credit score and credit Report that I found misleading and untrue statement, let me explain. Particularly when THE COMPANY said in their indenture agreement that some accounts are open under circumstances not requiring the standard application and credit evaluation procedures under the Credit Guidelines applicable to such accounts. Please note, this matter does not relate with credit score or credit reports, I barer a security to THE COMPANY expecting something in exchange relying on their fillings with the SEC. \n\nFurthermore, on exhibit XXXX their prospectus form dated XX/XX/XXXX and file pursuant rule XXXX ( b ) ( XXXX ) said clearly on page A-1-7 under Composition by Standardized Credit Score Trust Portfolio that I quote XXXX scores are based on independent, third-party information, the accuracy of which we can not verify meaning that the adverse action letter are misleading me, making me think that this denial has something to do with XXXX. However, the company doesn't rely solely on XXXX scores. They have their own methods to assess risk, which they think are more accurate. This lets them lend to people with lower XXXX  scores while managing risk. I understand the Company Worries about the risk that would exist, nevertheless during the securitization transaction process the company will be issuing a Series of notes every month and as an investor/noteholder i have the right to use this notes as a payments following the rules of the UCC and performing according with the regulatory system. In addition, these securities ( Collateral ) are backed by the full faith and credit of the U.S. government and therefore are considered to be free of credit risk. \n\nAlso, i would like to report a securities mishandling, On Exhibit XXXX the Third Amended and Restated indenture between the issuer American Express Issuance Trust and the XXXX XXXX XXXX XXXX XXXXXXXX as Indenture Trustee and as Securities Intermediary dated XX/XX/XXXX specifically on the Grating Clause Page 1 and page 2 you defined the term Collateral in this context refers to a range of assets and rights that the issuer grants to the indenture trustee as security for the noteholders and the trustee itself. These assets include receivables, collateral certificates, funding and collection accounts, derivative agreements, Eligible Investments, rights and more. The purpose of this collateral is to secure the payment of amounts due on the notes, as well as to ensure compliance with the terms of the indenture agreement. \n\nSince after the denial they did not return the application and withdraw, any of the rights, secured interest, proceed, insurance proceeds accrued on my behalf and/or release of the collateral this action can constitute securities fraud THE COMPANY agrees to be ethically bound to not commit language fraud even in the application by not providing proper disclosures to all investors and not complying with their own agreements to the SEC and investors In this case i would like to quote some statements that the company made under the Form XXXX Annual Report Pursuant to Section XXXX or XXXX ( d ) of the Securities Exchange Act of 1934 For the Fiscal Year ended XX/XX/XXXX Commission File No. XXXX ( Exhibit XXXX ) : XXXX On page 67 : LONG-TERM DEBT AND ASSET SECURITIZATION PROGRAMS As of XX/XX/XXXX, we had {$47.00} XXXX in long-term debt outstanding, including unsecured debt and asset-backed securities. Refer to Note XXXX to the Consolidated Financial Statements for a further description of these borrowings and scheduled maturities of long-term debt obligations. We periodically securitize Card Member loans and receivables arising from our U.S. card business, as the securitization market provides us with cost-effective funding. Securitization of Card Member loans and receivables is accomplished through the transfer of those assets to a trust, which in turn issues securities collateralized by the transferred assets to third-party investors. The proceeds from issuance are distributed to us, through our wholly owned subsidiaries, as consideration for the transferred assets. Refer to Note XXXX to the Consolidated Financial Statements for a further description of our asset securitizations XXXX On page XXXX : NOTE XXXX ASSET SECURITIZATIONS We periodically securitize Card Member loans and receivables arising from our card businesses through the transfer of those assets to securitization trusts, American Express Credit Account Master Trust ( the Lending Trust ) and American Express Issuance Trust II ( the Charge Trust and together with the Lending Trust , the Trusts ). The Trusts then issue debt securities collateralized by the transferred assets to third-party investors. \n\nXXXX On page XXXX : LIQUIDITY MANAGEMENT : We seek to maintain access to a diverse set of on-balance sheet and off-balance sheet liquidity sources, including cash and other liquid assets, secured borrowing facilities and a committed bank credit facility. Through our U.S. bank subsidiary, XXXX, we also hold collateral eligible for use at the Federal Reserves discount window. \n\nXXXX On page XXXX : Securitized Borrowing Capacity As of XX/XX/XXXX, we maintained our committed, revolving, secured borrowing facility, with a maturity date of XX/XX/XXXX, which gives us the right to sell up to {$3.00} XXXX face amount of eligible XXXX notes from the American Express Issuance Trust II ( the Charge Trust ). We also maintained our committed, revolving, secured borrowing facility, with a maturity date of XX/XX/XXXX, which gives us the right to sell up to {$3.00} XXXX face amount of eligible XXXX certificates from the American Express Credit Account Master Trust ( the Lending Trust ). These facilities enhance our contingent funding resources and are also used in the ordinary course of business to fund working capital needs. As of XX/XX/XXXX, no amounts were drawn on the XXXX XXXX facility or the XXXX XXXX facility. \n\nXXXX On Page XXXX : Other Sources of Liquidity : In addition to cash and other liquid assets and the secured borrowing facilities and committed bank credit facility described above, as an insured depository institution, AENB may borrow from the XXXX XXXX XXXX XXXX XXXX XXXX through the discount window against the U.S. credit card loans and charge card receivables that it pledged. \n\nAs of XX/XX/XXXX, AENB had available borrowing capacity of {$60.00} XXXX based on the amount and collateral valuation of receivables that were pledged to the XXXX XXXX XXXX XXXX XXXX XXXX. Whether specific assets will be considered qualifying collateral and the amount that may be borrowed against the collateral remain at the discretion of the Federal Reserve. Following its regular annual review, the Federal Reserve updated the collateral margins for amounts pledged by its member banks, effective XX/XX/XXXX, which reduced AENBs available borrowing capacity through the discount window. Due to regulatory restrictions, liquidity generated by AENB can generally be used only to fund obligations within AENB, and transfers to the parent company or non-bank affiliates may be subject to prior regulatory approval. \n\nAll those statements make me believe and do so believe that The Company is profiting through the securitization process and receiving adequate considerations like accessing to the XXXX XXXX XXXX XXXX XXXX XXXX through the discount window against the U.S. credit card loans and charge card receivables that it pledged by its members, selling the receivables to third party investors and trading on the secondary market. \n\nFinally page Section XXXX of the indenture Agreement Between AMERICAN EXPRESS ISSUANCE TRUST XXXX, Issuer ; and XXXX XXXX XXXX XXXX XXXX XXXXXXXX, Indenture Trustee and as Securities Intermediary dated as of XX/XX/XXXX. Form of Notes Said ( Exhibit XXXX ) : Each Note will be in one of the forms approved from time to time by or pursuant to an Indenture Supplement. Before the delivery of a Note to the Indenture Trustee for authentication in any form approved by or pursuant to an Issuer Certificate, the Issuer will deliver to the Indenture Trustee the Issuer Certificate by or pursuant to which such form of Note has been approved, which Issuer Certificate will have attached thereto a true and correct copy of the form of Note which has been approved thereby or, if an Issuer Certificate authorizes a specific officer or officers of a Beneficiary to approve a form of Note, a certificate of such officer or officers approving the form of Note attached thereto. Any form of Note approved by or pursuant to an Issuer Certificate must be acceptable as to form to the Indenture Trustee, such acceptance to be evidenced by the Indenture Trustees authentication of Notes in that form or a certificate signed by an Indenture Trustee Authorized Officer and delivered to the Issuer. \n\nIn other words, if you sold this financial asset, filed a XXXX  financing statement, sold all rights, title, interest as you stated on page 104 on the prospectus mentioned above ( Exhibit XXXX ), used the collateral to access the Federal Reserve Window thats means that you approve this note without giving the adequate consideration, which is considered Securities Fraud and the Law crearly appoint Civil penalties and prison. \n\nHowever, we do not need to find ourselves at odds. I understand that you sold this financial asset following the guideline on the Purchase Agreement, filed a XXXX  financing statement, sold all rights, title, interest as you stated on page 104 on the prospectus mentioned above ( Exhibit XXXX ), used the collateral to access the Federal Reserve Window and returning it presents an inconvenience for you. You can take Action and open the account ( Ref : XXXX. ) To ensure equitable exchange, I will consider this action as providing valuable consideration. By doing so, you retain all rights over the security interest, proceeds, and insurance proceeds, mitigating any potential harm to the collateral or the interest of THE COMPANY. \n\nBut, If you dont perform your fiduciary duty and continue to deny my application. XXXX continue escalating this Issue and to the different authorities and alert them about the financial irregularities associated with this account. \n\nThe exhibits and this complaint are both included in the accompanying PDF document. \n\nXXXX XXXX","date_sent_to_company":"2024-04-30T23:29:48.000Z","issue":"Getting a credit card","sub_product":"General-purpose credit card or charge card","zip_code":"32832","tags":null,"has_narrative":true,"complaint_id":"8894435","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-04-30T23:20:05.000Z","state":"FL","company_public_response":null,"sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["The Trusts then issue debt <em>securities</em> collateralized by the transferred assets to third-<em>party</em> investors. \n\nXXXX On page XXXX : LIQUIDITY MANAGEMENT : We seek to maintain access to a diverse set of on-balance sheet and off-balance sheet liquidity sources, including cash and other liquid assets, <em>secured</em> borrowing facilities and a committed bank credit facility. Through our U.S. bank subsidiary, XXXX, we also hold collateral eligible for use at the Federal Reserves discount window."]},"sort":[13.329678,"8894435"]},{"_index":"complaint-public-v1","_id":"10906292","_score":13.267576,"_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 XXXX XXXX, 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, '' 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 \" sXXXX '' ( meaning \" XXXX  '' ) and the XXXX XXXX \" sornom '' ( from \" XXXX  '' meaning \" XXXX '' and \" noXXXX '' 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 ), 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.\n\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 XXXXXXXX XXXX  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 ( XXXX ) Additionally, as XXXX XXXX XXXX XXXX is the XXXX XXXX XXXX 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 XXXX XXXX, 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 , despite the court 's ruling. This is a direct violation of the Privacy Act of XXXX ( 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 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.\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 XXXX 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. \nXXXX 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 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 XXXX Michigan Bankruptcy XXXX 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 XXXX 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 XXXX XXXX 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 XXXXXXXX XXXX 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 XXXX 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.\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, XXXX 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 : XXXX XXXX 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 XXXX 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 XXXX 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. XXXX ( 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 XXXX be subject to financial penalties and XXXX 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\n1. 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. \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 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 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 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.\n\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. \n18 U.S.C. 1028 - Identity Theft : If XXXX 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.\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, XXXX could be liable for these types of privacy violations. \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 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.\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 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. \nTortious Interference with Contractual Relations : If XXXX 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 XXXX 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. \nXXXX 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":"10906292","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-11-24T07:41:43.000Z","state":"MI","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Uniform Commercial Code ( UCC ) Articles 9-311, 9-312, 9-313 The Uniform Commercial Code ( UCC ) applies to <em>secured</em> transactions, and XXXX XXXX XXXX XXXX is the <em>Secured</em> <em>Party</em> Creditor of all personal and <em>financial</em> data. 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