{"took":383,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":37,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"8488226","_score":25.558884,"_source":{"product":"Debt collection","complaint_what_happened":"DPT ED/AIDV is reporting an inaccurate balance on my student loan account. The debt has been reported as canceled per the IRS publication. This was then reported as income on my federal tax refund and income can not be reported to the consumer report. DPT ED/AIDV uses the promissory note which is a negotiable instrument as the security to sell for profits. According to the DPT ED/AIDV own prospectus that is attached they pool the notes together to sale and have raised billions in profits selling consumers notes. However the interest that the security earns should legally and lawfully be paid out to the REGISTERED owner of the security. I have received no such compensation. \n\n( XXXX ) \" Bearer form, '' as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an indorsement. \n( XXXX ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 ( b ) ( 2 ) or ( 3 ), that person is the entitlement holder. \n\n( XXXX ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. \n\n( XXXX ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. \n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. \n( XXXX ) \" XXXX, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( XXXX ) \" Security certificate '' means a certificate representing a security. \n\n( XXXX ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part XXXX. \n\n( XXXX ) \" Uncertificated security '' means a security that is not represented by a certificate. \n\n( b ) Other definitions applying to this Article and the sections in which they appear are : Appropriate person Section 8-107 Control Section 8-106 Delivery Section 8-301 Investment company security Section 8-103 Issuer Section 8-201 Overissue Section 8-210 Protected purchaser Section 8-303 Securities account Section 8-501 ( c ) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.\n\n( d ) The characterization of a person, business, or transaction for purposes of this Article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.","date_sent_to_company":"2024-03-06T22:39:15.000Z","issue":"False statements or representation","sub_product":"Federal student loan debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8488226","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2024-03-06T21:58:02.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 ( b ) ( 2 ) or ( 3 ), that <em>person</em> is the <em>entitlement</em> holder. \n\n( XXXX ) \" <em>Entitlement</em> order '' means a notification communicated to a <em>securities</em> intermediary directing transfer or redemption of a financial asset to which the <em>entitlement</em> holder has a <em>security</em> <em>entitlement</em>."]},"sort":[25.558884,"8488226"]},{"_index":"complaint-public-v1","_id":"7978506","_score":24.080069,"_source":{"product":"Debt collection","complaint_what_happened":"Denefits LLC is alleging I owe a debt not owed. Denefits LLC failed to disclose my application and contract are the collateral that is backing this credit sale. Not only is Denefits LLC benefiting from my financial asset the profits I am entitled to have been withheld from me. This is my financial asset that is making profits for the shareholders and the secondary market therefore my return on the said investment should rightfully be mine. It has my name on it. Denefits LLC never disclosed any of this to me even with the Truth in Lending passage on the contract they failed to uphold what is stated. With clean hands and good faith I went into business with Denefits LLC under false pretenses. \n\n\n\n( 7 ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 ( b ) ( 2 ) or ( 3 ), that person is the entitlement holder.\n\n( 8 ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement.\n\n( 9 ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. \n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. \n\n( 10 ) [ reserved ] ( 11 ) \" Indorsement '' means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.\n\n( 12 ) \" Instruction '' means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.\n\n( 13 ) \" Registered form, '' as applied to a certificated security, means a form in which : ( i ) the security certificate specifies a person entitled to the security; and ( ii ) a transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states.\n\n( 14 ) \" Securities intermediary '' means : ( i ) a clearing corporation ; or ( ii ) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity.\n\n( 15 ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article.\n\n( 16 ) \" Security certificate '' means a certificate representing a security.\n\n( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.","date_sent_to_company":"2023-12-10T21:58:59.000Z","issue":"False statements or representation","sub_product":"Other debt","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"7978506","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Denefits LLC","date_received":"2023-12-10T21:43:26.000Z","state":"CA","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["( 7 ) \" <em>Entitlement</em> holder '' means a <em>person</em> identified in the records of a <em>securities</em> intermediary as the <em>person</em> having a <em>security</em> <em>entitlement</em> against the <em>securities</em> intermediary. If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 ( b ) ( 2 ) or ( 3 ), that <em>person</em> is the <em>entitlement</em> holder."]},"sort":[24.080069,"7978506"]},{"_index":"complaint-public-v1","_id":"7978339","_score":22.569645,"_source":{"product":"Debt collection","complaint_what_happened":"Carmax is alleging I owe a debt and stealing property from my trust. My contract is the security that funded this credit sale. CarMax Auto XXXX XXXX is the seller and depsoitory company that has illegal used my financial asset. Carmax is the servicer of the loan which servicers have no rights. Servicers only hold loans. Carmax has kept the interest, proceeds, and insurance from the sell of my security. As the executor of my estate I am entitled to compensation from Carmax. Futhermore I can not be indebted to Carmax while you're making profits from my security. A simple contract does not guarantee interest per federal law. Therefore Carmax has no interest or power to for performance nor keep all the profits from financial asset. That is securities fraud. \n( 7 ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 ( b ) ( 2 ) or ( 3 ), that person is the entitlement holder. \n\n( XXXX ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. \n\n( XXXX ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. \n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. \n\n( 10 ) [ reserved ] ( 11 ) \" Indorsement '' means a signature that alone or accompanied by other words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it. \n\n( 12 ) \" Instruction '' means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.\n\n( 13 ) \" Registered form, '' as applied to a certificated security, means a form in which : ( i ) the security certificate specifies a person entitled to the security; and ( ii ) a transfer of the security may be registered upon books maintained for that purpose by or on behalf of the issuer, or the security certificate so states. \n\n( 14 ) \" Securities intermediary '' means : ( i ) a clearing corporation ; or ( ii ) a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity. \n\n( 15 ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( 16 ) \" Security certificate '' means a certificate representing a security.\n\n( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.\n\n( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use.\n\n( 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\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( e ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z.\n\n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof.","date_sent_to_company":"2023-12-10T23:32:59.000Z","issue":"False statements or representation","sub_product":"Auto debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7978339","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CarMax, Inc.","date_received":"2023-12-10T22:46:44.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["That is <em>securities</em> fraud. \n( 7 ) \" <em>Entitlement</em> holder '' means a <em>person</em> identified in the records of a <em>securities</em> intermediary as the <em>person</em> having a <em>security</em> <em>entitlement</em> against the <em>securities</em> intermediary. If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 ( b ) ( 2 ) or ( 3 ), that <em>person</em> is the <em>entitlement</em> holder."]},"sort":[22.569645,"7978339"]},{"_index":"complaint-public-v1","_id":"10197935","_score":21.823483,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Flagship Credit Acceptance XXXX XXXX XXXX XXXX, as Borrower c/o Flagship Credit Acceptance LLC Flagship Credit Acceptance LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX and XXXX FLAGSHIP CRD Account # XXXX Reviewing over my contract it states under the Arbitration Provision, \" Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual injunctive relief. This vehicle was repossessed without proper arbitration which is a violation of your own contract. I will have to get a Credited Forensic Audit on this account if this matter is not rectified. \n\nI have attached correspondence that I have sent to Flagship and have not received what I requested, which was a 1099C. I also provided the Retail Installment Contract with other attachments provided by Flagship Credit. I have a security interest in this purchase money loan/retail installment contract and I have not received any proceeds. \n\n\nPage XXXX : Other Important Agreements Under Number XXXX : Your Other Promises To Us Security Interest : I resend the Security Interest Flagship Credit Acceptance LLC XXXX XXXX XXXX XXXX XXXX across all years & all periods of time. The agreement also states \" This secures payments of all you owe on this contract '', I am also Resending Dealership, Finance Company From The Beneficiary Of My Credit Life/Credit Disability as well. \n\nSo why am I being harassed for close to a decade? \n\nI will also like to furnished The Original Contract, Purchase Order, Bill Of Sale, Consumer Credit Contract, Accounting, GAAP Accounting, Information for everyone who is a holder of the Contract. \n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \n\nNOTICE 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\n\n16 CFR 433.1 - Definitions.\n\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 ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\nMy security interest is the payment on the account and the Indenture Trustee/ or the XXXX XXXX duty is to set off the account.-12 U.S. Code 412 - Application for notes ; collateral required Withholding my Financial Asset, and I have not received any Consideration/Benefit from your offer is Security Fraud and in violation of the Security Exchange Act of 1934, which violates your Financial Institution 's own XXXX SEC Filing. \n\n8-501. SECURITIES ACCOUNT ; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY. \n\nSecurities account means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. ( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account.\n\n8-502. ASSERTION OF ADVERSE CLAIM AGAINST ENTITLEMENT HOLDER. An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under Section 8-501 for value and without notice of the adverse claim..\n\n8-102. DEFINITIONS. \n\n( a ) In this Article : ( 1 ) \" Adverse claim '' means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. ( 7 ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 b 2 or 3, that person is the entitlement holder. ( 8 ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. ( 15 ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. \n\n12 U.S. Code 412 - Application for notes ; collateral required XXXX : XXXX, Beneficiary All Rights Reserved","date_sent_to_company":"2024-09-21T22:27:11.000Z","issue":"Repossession","sub_product":"Lease","zip_code":"23434","tags":null,"has_narrative":true,"complaint_id":"10197935","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"FC HoldCo LLC","date_received":"2024-09-21T21:25:45.000Z","state":"VA","company_public_response":null,"sub_issue":"Loan balance remaining after the vehicle is repossessed and sold"},"highlight":{"complaint_what_happened":["If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 b 2 or 3, that <em>person</em> is the <em>entitlement</em> holder. ( 8 ) \" <em>Entitlement</em> order '' means a notification communicated to a <em>securities</em> intermediary directing transfer or redemption of a financial asset to which the <em>entitlement</em> holder has a <em>security</em> <em>entitlement</em>. ( 15 ) \" <em>Security</em>, '' except as otherwise provided in <em>Section</em> 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property"]},"sort":[21.823483,"10197935"]},{"_index":"complaint-public-v1","_id":"10198393","_score":21.74854,"_source":{"product":"Credit card","complaint_what_happened":"Account # XXXX Amount : {$310.00} Capital One XXXX XXXX XXXX Chief Financial Officer XXXX XXXX XXXX Chair Chief Executive Officer 8-502. ASSERTION OF ADVERSE CLAIM AGAINST ENTITLEMENT HOLDER. \nAn action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under Section 8-501 for value and without notice of the adverse claim. \n\n. \n8-102. DEFINITIONS. \n( a ) In this Article : ( 1 ) \" Adverse claim '' means a claim that a claimant has a property interest in a financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset. \n\n( 7 ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 b 2 or 3, that person is the entitlement holder. \n\n( 8 ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. \n\n( XXXX5 ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( 17 ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5. \n\n\n8-501. SECURITIES ACCOUNT ; ACQUISITION OF SECURITY ENTITLEMENT FROM SECURITIES INTERMEDIARY. \n\nSecurities account means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. \n\n( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account. \n\nI, XXXX XXXX, Investor in Capital One, have been performing on this account for the past couple of months and the payments are not being processed and are being returned. I am acting in good faith to resolve this matter, so I can provide for my family. I have attached Exhibits ( Payment Activity Report & Statements ) below of current attempts of performing on this security account, and the payments are not processing in an adequate or appropriate time. Capital One took it upon themselves to close my Securities account. After several attempts of making payments, Capital One is dishonorable, due to the fact they are forcing me to pay under Duress while receiving no benefits as the Entitlement Holder of this account. However, looking over the Card Member Agreement ( Which I Attached Below ) states on the top of page 5 \" That if you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take the following actions, without notifying you, UNLESS the law says that we must give you notice. I was told by the Customer Representative that I have violated the card member agreement and that is why my account was closed. \n\nPage 07 Of Capital One Card Member Agreement : The Law That Applies to Your Agreement : We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement is governed by applicable federal law and by Virginia law. If any part of this Agreement is unenforceable, the remaining parts will remain in effect. \n\nWhat law states you can close the Consumer account that extended the line of credit? \n\nI will have to revoke POA and your Fiduciary Duty by filing IRS 2848 if this situation does not get rectified immediately. I will have to hire a Credited Forensic Auditor to get a hold of my Application/since I am not able to access my Security Account. \n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \n\n433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\nMy security interest is the payment on the account and the Indenture Trustee/ or the CFO /CEO duty is to set off the account.-12 U.S. Code 412 - Application for notes ; collateral required Withholding my Financial Asset, and I have not received any Consideration/Benefit from your offer is Security Fraud and in violation of the Security Exchange Act of XXXX, The Sarbanes-Oxley Act of XXXX ( SOX ) ; which violates your Financial Institution 's own XXXX SEC Filing & Prospectus. \n\nUnder the terms of a letter of credit, the Beneficiary is ENTITLED to have its complying presentation honored. \n\nXXXX : XXXX, Beneficiary","date_sent_to_company":"2024-09-21T21:18:11.000Z","issue":"Problem when making payments","sub_product":"General-purpose credit card or charge card","zip_code":"23434","tags":null,"has_narrative":true,"complaint_id":"10198393","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-09-21T19:51:39.000Z","state":"VA","company_public_response":null,"sub_issue":"Problem during payment process"},"highlight":{"complaint_what_happened":["If a <em>person</em> acquires a <em>security</em> <em>entitlement</em> by <em>virtue</em> of <em>Section</em> 8-501 b 2 or 3, that <em>person</em> is the <em>entitlement</em> holder. \n\n( 8 ) \" <em>Entitlement</em> order '' means a notification communicated to a <em>securities</em> intermediary directing transfer or redemption of a financial asset to which the <em>entitlement</em> holder has a <em>security</em> <em>entitlement</em>."]},"sort":[21.74854,"10198393"]},{"_index":"complaint-public-v1","_id":"8868708","_score":12.802065,"_source":{"product":"Credit card","complaint_what_happened":"ON XXXX XXXX, I SUBMITTED AN APPLICATION FOR CREDIT ( AKA ) A SECURITY/T-NOTE, TO XXXX WHO'S BANK IS COMENITY CAPITAL BANK, WHOES INDENTURED TRUSTEE IS XXXX XXXX XXXX XXXX XXXX AND UNDWRITERS AREXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nALL APPLICATIONS ACCORDING TO SECTION 4.1 OF THIS COMPANIES PROSPECTUS, XXXX AND XXXX, ARE CONVERTED INTO RECIEVABLES ( FOR CASH FROM THE TREASURY AT A DISCOUNT PAR RATE. MEANING THE COMPANY INSTANY PROFITS FROM EVERY APLLICATION THAT THEY ACCEPT WHETHER IT IS DENIED OR APPROVED, WHICH MEANS THAT THE CONSUMER BY LAW SHOULD RECIE SOMETHING IN VALUE BACK. COMENITY CAPITAL BANK IS IN VIOLATION OF THEIR OWN SECURITES AGREEMENT BY ACCEPTING MY APPLICATION, ACCESSING MY SOCIAL SECURITY TRUST ACCOUNT-THROUGH THEIR COMAPINES TRUST ACCOUNT AS DETAILED IN YOUR CORPORATE TRANSACTION STRUCTURE BUT GIVING ME ABSOLUTLEY NOTHING IN RETURN BUT A DENIAL LETTER WHICH NEGATIVELY AFFECTED MY CREDIT RATING-WHICH IS ALSO A VIOLATION OF 15 USC 6801 THROUGH 6805 WHICH PROTECTS MY NON-PUBLIC INFORMATION FROM ALL THIRD PARTY AFFILIATES AND FROM PRIMARY SERVICERES WHO HAVE NOT OBTAINED MY EXPRESS WRITTEN CONSENT. \n\nINFORMATION REQUIRED IN THE SECTION 10 ( a ) PROSPECTUS The documents containing the information specified in Part I of this registration statement on Form S-8 ( this Registration Statement ) of Bread Financial Holdings , Inc. ( Bread Financial or the Registrant ) will be sent or given to the Registrants officers, employees, consultants and directors, as specified by Rule 428 ( b ) ( 1 ) promulgated under the Securities Act of 1933, as amended ( the Securities Act ). Such documents need not be filed with the Securities and Exchange Commission ( the SEC ) either as part of this Registration Statement or as prospectuses or prospectus supplements pursuant to Rule 424 promulgated under the Securities Act. These documents and the documents incorporated by reference in this Registration Statement pursuant to Item 3 of Part II of this Registration Statement, taken together, constitute a prospectus that meets the requirement of Section 10 ( a ) of the Securities Act.\n\nPART II INFORMATION REQUIRED IN THE REGISTRATION STATEMENT Item 3. Incorporation of Documents by Reference. \n\nThe following documents filed by the Registrant with the SEC are incorporated by reference into this Registration Statement : ( 1 ) The Annual Report on Form 10-K for the year ended XX/XX/XXXX filed on XX/XX/XXXX. \n\n\n( 2 ) The information specifically incorporated by reference into the Registrants Annual Report on Form 10-K for the year ended XX/XX/XXXX from the Registrants Definitive Proxy Statement on Schedule XXXX filed on XX/XX/XXXX. \n\n\n( 3 ) The Quarterly Report on Form 10-Q for the quarter ended XX/XX/XXXX filed on XX/XX/XXXX. \n\n\n( 4 ) The following Current Reports on Form 8-K filed since XX/XX/XXXX ( other than those furnished pursuant to Item XXXX or Item XXXX on Form XXXX ) : Current Report on Form XXXX filed on XX/XX/XXXX, reporting items 8.01 and 9.01.\n\nCurrent Report on Form 8-K filed on XX/XX/XXXX. \n\n\nCurrent Report on Form 8-K filed on XX/XX/XXXX. \n\n\nCurrent Report on Form 8-K filed on XX/XX/XXXX. \n\n\nCurrent Report on Form 8-K filed on XX/XX/XXXX, reporting items XXXX and XXXX. \n\n\nCurrent Report on Form 8-K filed on XX/XX/XXXX. \n\n\n( 5 ) The description of the Registrants capital stock included as Exhibit XXXX to the Registrants Annual Report on Form 10-K for the year ended XX/XX/XXXX filed on XX/XX/XXXX. \n\nIn addition, all documents subsequently filed by the Registrant pursuant to Sections 13 ( a ), 13 ( c ), 14 and 15 ( d ) of the Exchange Act ( other than those furnished pursuant to Item XXXX or Item XXXX on Form XXXX ), prior to the filing of a post-effective amendment to this Registration Statement which indicates that all securities offered hereby have been sold or which deregisters all securities then remaining unsold, shall be deemed to be incorporated by reference in this Registration Statement and to be a part hereof from the date of filing of such documents. Any statement contained in a document incorporated or deemed to be incorporated by reference herein shall be deemed to be modified or superseded for purposes of this Registration Statement to the extent that a statement contained herein modifies or supersedes such statement. Any such statement so modified or superseded shall not be deemed, except as so modified or superseded, to constitute a part of this Registration Statement.\n\nItem 4. Description of Securities.\n\nNot applicable.\n\nItem 5. Interests of Named Experts and Counsel.\n\nNot applicable.\n\nItem 6. Indemnification of Directors and Officers.\n\nSection 102 of the General Corporation Law of the State of Delaware permits a corporation to eliminate the personal liability of directors of a corporation to the corporation or its stockholders for monetary damages for a breach of fiduciary duty as a director, except where the director breached his duty of loyalty, failed to act in good faith, engaged in intentional misconduct or knowingly violated a law, authorized the payment of a dividend or approved a stock repurchase in violation of Delaware corporate law or obtained an improper personal benefit. The third amended and restated certificate of incorporation of Bread Financial, as amended, provides that, to the fullest extent permitted by the General Corporation Law of the State of Delaware, no director of Bread Financial shall be liable to it or its stockholders for monetary damages for any breach of fiduciary duty as director.\n\nSection 145 of the General Corporation Law of the State of Delaware provides that a corporation has the power to indemnify a director, officer, employee, or agent of the corporation and certain other persons serving at the request of the corporation in related capacities against expenses ( including attorneys ' fees ), judgments, fines and amounts paid in settlements actually and reasonably incurred by the person in connection with an action, suit or proceeding to which he is or is threatened to be made a party by reason of such position, if such person acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, in any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful, except that, in the case of actions brought by or in the right of the corporation, no indemnification shall be made with respect to any claim, issue or matter as to which such person shall have been adjudged to be liable to the corporation unless and only to the extent that the Court of XXXX or other adjudicating court determines that, despite the adjudication of liability but in view of all of the circumstances of the case, such person is fairly and reasonably entitled to XXXX for such expenses which the Court of XXXX or such other court shall deem proper. \n\nThe third amended and restated certificate of incorporation of Bread Financial, as amended, provides that Bread Financial will indemnify any person who was or is a party or threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, arbitrative or investigative, any appeal in such an action, suit or proceeding and any inquiry or investigation that could lead to such an action, suit or proceeding ( whether or not by or in the right of Bread Financial ) by reason of the fact that he or she is or was a director, officer, employee or agent of Bread Financial, or is or was serving at Bread Financials request as a director, officer, partner, venturer, proprietor, trustee, employee, agent or in a similar capacity with another corporation, partnership, joint venture, sole proprietorship, trust, nonprofit entity, employee benefit plan or other enterprise, against all judgments, penalties ( including excise and similar taxes ), fines, settlements and expenses ( including attorneys ' fees and court costs ), actually and reasonably incurred by or on behalf of the indemnitee in connection with such action, suit or proceeding, to the fullest extent permitted by any applicable law. Under certain circumstances, expenses must be advanced to directors and officers, and may be advanced to other indemnitees. Directors and officers are required to provide Bread Financial with an undertaking to repay the advance if it is ultimately determined that such person is not entitled to be indemnified by Bread Financial.\n\nThe sixth amended and restated bylaws of Bread Financial further provide that any person entitled to indemnification will only be indemnified if such person acted in good faith and in a manner which the person reasonably believed to be in, or not opposed to, the best interests of Bread Financial, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The sixth amended and restated bylaws further provide that Bread Financial will indemnify any person who was or is a party to or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of Bread Financial to procure a judgment in favor of Bread Financial by reason of the fact that such person is or was a director, officer, employee or agent of Bread Financial, or is or was serving at the request of Bread Financial, as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses ( including attorneys fees ) actually and reasonably incurred by the person in connection with the defense or settlement of such action or suit, if the person acted in good faith and in a manner which the person reasonably believed to be in, or not opposed to, Bread Financials best interests, except that no indemnification shall be made with respect to any claim, issue or matter as to which such person shall have been adjudged to be liable to Bread Financial, unless, and only to the extent, that the Court of Chancery of Delaware or the court in which such action or suit was brought shall determine upon application that, despite the adjudication of such liability but in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expense ( including attorneys fees ) which the Court of Chancery of Delaware or such other court shall deem proper. To the extent that a present or former director or officer has been successful on the merits or otherwise in defense of any action, suit or proceeding, or any claim, issue or matter therein, such person shall be indemnified by Bread Financial against expenses ( including attorneys fees ) actually and reasonably incurred in connection therewith.\n\nUnless ordered by a court, Bread Financial can only indemnify a person if it is authorized after a determination has been made that the person has met the proper standard of conduct set forth in Bread Financials six amended and restated bylaws. These determinations shall be made, with respect to a person who is a director or officer at the time of the determination ( 1 ) by a majority of the vote of directors who are not parties to the action, or a committee thereof, ( 2 ) under certain circumstances, by independent legal counsel in a written opinion or ( 3 ) by the stockholders of Bread Financial.\n\nAdditionally, Bread Financial have entered into indemnification agreements with its directors and officers. These indemnification agreements are intended to provide indemnification rights to the fullest extent permitted by Delaware law. These agreements provide that Bread Financial indemnify such persons against certain liabilities that may arise by reason of their status or service as a director or officer, to advance their expenses incurred as a result of a proceeding as to which they may be indemnified and to cover such persons under any directors and officers liability insurance policy that Bread Financial may choose to maintain.\n\nBread Financial maintains a general liability insurance policy which covers certain liabilities of directors and officers of Bread Financial and its subsidiaries arising out of claims based on acts or omissions in their capacities as directors or officers.\n\nItem 7. Exemption from Registration Claimed.\n\nNot applicable.\n\nItem 8. Exhibits.\n\nExhibit Number Description of Exhibits 4.1 Description of Registrants Capital Stock ( incorporated by reference to Exhibit No. 4.2 to the Registrants Annual Report on Form 10-K filed with the SEC on XX/XX/XXXX, File No. XXXX ). \n\nXXXX Third Amended and Restated Certificate of Incorporation of the Registrant ( incorporated by reference to Exhibit No. XXXX to the Registrants Current Report on Form XXXX filed with the SEC on XX/XX/XXXX, File No. XXXX ). \n\nXXXX Certificate of Amendment to Third Amended and Restated Certificate of Incorporation of the Registrant ( incorporated by reference to Exhibit No. XXXX to the Registrants Current Report on Form XXXX filed with the SEC on XX/XX/XXXX, File No. XXXX ). \n\nXXXX Certificate of Designations of Series A Preferred Non-Voting Convertible Preferred Stock of the Registrant ( incorporated by reference to Exhibit XXXX to the Registrants Current Report on Form XXXX filed with the SEC on XX/XX/XXXX ). \n\nXXXX XXXX XXXX and XXXX Bylaws of the Registrant ( incorporated by reference to Exhibit No. XXXX to the Registrants Current Report on Form XXXX filed with the SEC on XX/XX/XXXX, File No. XXXX ). \n\nXXXX XXXX XXXX for shares of Common Stock of the Registrant ( incorporated by reference to Exhibit No. XXXX to the Registrants Quarterly Report on Form XXXX filed with the SEC on XX/XX/XXXX, File No. XXXX ). \n\nXXXX XXXX Omnibus Incentive Plan of Bread Financial Holdings, Inc. ( incorporated by reference to Appendix A to the Registrants Definitive Proxy Statement filed with the SEC on XX/XX/XXXX ). \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nXXXX XXXX of XXXX XXXX XXXX XXXX XXXX \n\nXXXX Consent of XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX included in Exhibit XXXX filed herewith ). \n\nXXXX XXXX of Attorney ( included on signature pages hereto ). \n\nXXXX Calculation of XXXX XXXX XXXX. \n_______________________________ *Filed herewith.\n\nItem 9. Undertakings.\n\n( a ) The undersigned registrant hereby undertakes : ( 1 ) To file, during any period in which offers or sales are being made, a post-effective amendment to this Registration Statement : ( i ) To include any prospectus required by Section 10 ( a ) ( 3 ) of the Securities Act ; ( ii ) To reflect in the prospectus any facts or events arising after the effective date of this Registration Statement ( or the most recent post-effective amendment thereof ) which, individually or in the aggregate, represent a fundamental change in the information set forth in this Registration Statement. Notwithstanding the foregoing, any increase or decrease in volume of securities offered ( if the total dollar value of securities offered would not exceed that which was registered ) and any deviation from the low or high end of the estimated maximum offering range may be reflected in the form of prospectus filed with the SEC pursuant to Rule 424 ( b ) if, in the aggregate, the changes in volume and price represent no more than 20 percent change in the maximum aggregate offering price set forth in the Calculation of Registration Fee table in the effective Registration Statement ; and ( iii ) To include any material information with respect to the plan of distribution not previously disclosed in this Registration Statement or any material change to such information in this Registration Statement ; provided, however, That paragraphs ( a ) ( 1 ) ( i ) and ( a ) ( 1 ) ( ii ) do not apply if the information required to be included in a post-effective amendment by those paragraphs is contained in reports filed with or furnished to the SEC by the Registrant pursuant to Section 13 or 15 ( d ) of the Exchange Act that are incorporated by reference in this Registration Statement.\n\n( 2 ) That, for the purpose of determining any liability under the Securities Act, each such post-effective amendment shall be deemed to be a new registration statement relating to the securities offered therein, and the offering of such securities at that time shall be deemed to be the initial bona fide offering thereof; and ( 3 ) To remove from registration by means of a post-effective amendment any of the securities being registered which remain unsold at the termination of the offering.\n\n( b ) The undersigned registrant hereby undertakes that, for purposes of determining any liability under the Securities Act, each filing of the registrant 's annual report pursuant to Section 13 ( a ) or 15 ( d ) of the Exchange Act ( and, where applicable, each filing of an employee benefit plan 's annual report pursuant to Section 15 ( d ) of the Exchange Act ) that is incorporated by reference in this Registration Statement shall be deemed to be a new registration statement relating to the securities offered therein, and the offering of such securities at that time shall be deemed to be the initial bona fide offering thereof. \n\n( c ) Insofar as indemnification for liabilities arising under the Securities Act may be permitted to directors, officers and controlling persons of the registrant pursuant to the foregoing provisions, or otherwise, the undersigned registrant has been advised that in the opinion of the SEC such indemnification is against public policy as expressed in the Securities Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities ( other than the payment by the registrant of expenses incurred or paid by a director, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding ) is asserted by such director, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Securities Act and will be governed by the final adjudication of such issue.\n\nSIGNATURES Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-8 and has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of XXXX, State of Texas on XX/XX/XXXX. \n\nBREAD FINANCIAL HOLDINGS , INC . \n\nBy : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Executive Vice President, Chief Administrative Officer, General Counsel and Secretary POWER OF ATTORNEY The undersigned directors and officers of Bread Financial Holdings , Inc. hereby constitute and appoint XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX and each of them, his or her true and lawful attorneys-in-fact and agents with full power of substitution, for him or her and in his or her name, place and stead, in any and all capacities, to sign the Registration Statement filed herewith and any and all amendments ( including pre- and post-effective amendments ) to said Registration Statement, with all exhibits thereto and all documents in connection therewith, with the SEC, granting unto said attorneys-in-fact and agents, and each of them, full power and authority to do and perform each and every act and thing requisite and necessary to be done in and about the premises, as fully to all intents and purposes as he or she might or could do in person, hereby ratifying and confirming all that said attorneys-in-fact and agents or any of them, or his, her or their substitute or substitutes, may lawfully do or cause to be done or by virtue hereof. \n\nPursuant to the requirements of the Securities Act of 1933, this Registration Statement has been signed by the following persons in the listed capacities on the date indicated : Name Title Date /s/ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXXXXXX ( principal XXXX XXXX ) XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Chief Financial XXXX ( principal financial XXXX ) XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX ( principal accounting officer ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2024-04-26T21:12:24.000Z","issue":"Getting a credit card","sub_product":"Store credit card","zip_code":"60099","tags":null,"has_narrative":true,"complaint_id":"8868708","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Bread Financial Holdings, Inc.","date_received":"2024-04-26T20:19:41.000Z","state":"IL","company_public_response":null,"sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["Directors and officers are required to provide Bread Financial with an undertaking to repay the advance if it is ultimately determined that such <em>person</em> is not <em>entitled</em> to be indemnified by Bread Financial."]},"sort":[12.802065,"8868708"]},{"_index":"complaint-public-v1","_id":"8465980","_score":9.878082,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have requested my consumer disclosure file not a consumer report. In regards to my \" file disclosure '' I have requested all the information about me in the files of XXXX, Equifax, and XXXX consumer reporting agencies. According to XXXX, a consumer file disclosure will show any information that has been suppressed because the creditors have requested that the information not be shared. \nThe amount of inaccuracies from one bureau to another is astounding. It includes dates, amounts, account numbers, ect.\n\n16 CFR 313.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects privacy policies and practices. CAN NOT disclose non public information to non affiliates described in initial notice which must be clear and conspicuos.\n\n17CFR 248.124 Reasonable opportunity to opt out I never recieved privacy and opt out notice. The credit Bureaus must provide proof that I recieved privacy and opt out notices. I require the documentation used to determine authorization which include agreement, opt out notice given to me, privacy notice given to me, and all other documentation given to me and the names and ID numbers of all parties involved. Further rules that must be followed 16 CFR 313.4 ( a ) Initial privacy notice, 16 CFR 313.10 Limits on disclosure information to 3rd parties, 313.8 revised privacy.\n\nI gave them copies of the opt out notices which serve as proof ( 15 USC 6801-6805 and 12 CFR 1016.7 ) that my current creditors should not be reporting transactions and my nonpublic information to non affiliates. For further proof I have given them all privacy policies of the creditors. I have also attached a copy of XXXX, Equifax, and XXXX privacy policy as a reminder of their policies. I let them know that I am exercising my right to privacy and confidentiality which includes my social security number. \nAny further reporting of negative transactions will be a serious breach of privacy and confidentiality and a violation that causes harm, emotional distress, and libel ( defamation ) which violates Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 and are subject to a misdemeanor and {$5000.00} fine. Equifax, XXXX, and XXXX are also subject to liability {$1000.00} per violation 15 U.S.C. 1681n Civil liability and willful noncompliance FCRA 15 USC 1681 ( a ) ( 4 ) 602, According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n15 U.S.C. 6801- ( a ) Protection of nonpublic personal information with respect to privacy and protect security and confidentiality I gave them written consent and instructions per FCRA 15 U.S. Code 1681b backed up by P.L. 90-321 ( 82 Stat. 146 ), to remove all negative items on my consumer credit report. Without my consent/permissible purpose it is an unauthorized violation of privacy and confidentiality subject to liability per 15 U.S.C. 1681n Civil Liability {$1000.00} fine and Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 {$5000.00} fine.\n\nMy instructions require removal of all derogatory items.\n\n12 CFR 1016 and 15 USC 6802-6805. A consumer may exercise the right to opt out at any time. I am opting out of negative reporting only per FCRA, any consent I have given whether implied spoken, unspoken, written, unwritten or otherwise is revoked and rescinded immediately and indefinitely in regards to reporting negative items only ( 15 USC 6802-6805 and 12 CFR 1016 ).\n\nFCRA 15 USC 1681a ( 2 ) ( A ) ( i ) Consumer report doesnt include transactions or experiences between consumer and person making report. ( \" Person means corporation. XXXX is a corporation. Only a corporation can deal with corporation ). \n15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. \nAll inquires on XXXX, Equifax, and XXXX must be removed because there is no open account associated with this inquires it is not authorized and they need provide documentary evidence as proof of this open accounts, there is no permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ), FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. \nXX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XX/XX/XXXX, XXXX XX/XX/XXXX, XXXX XXXX XX/XX/XXXX, XXXX XX/XX/XXXX. \nXXXX will prevent future inquires-per privacy and confidentiality- from harming me per written instructions. \n\nMust Correct my credit utilization, bring it to 0 %, update it paid as agreed. FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. XXXX will prevent future high credit utilization-per privacy and confidentiality- from harming me per written instructions. Credit bureaus will remove all late payments past present and future with XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. 2 ) All inaccuracy gives reason to delete late payments past present and future. 3 ) No permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ). 4 ) Privacy Act 1974 Violation. 5 ) 15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. consumer credit reporting companies can not report income on the credit report. Needs to be removed from all credit bureaus. Remove repossession ( INCOME ) certificate of indebtness 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C. consumer credit reporting companies can not report income on the credit report Remove all charge offs. They are INCOME certificate of indebtness All past, present, and future charge offs will be deleted. Instructions say not to to report negative items or be subject to liability. 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C.\n\n15 U.S. Code 1681b backed by P.L 90-321 ( 82 Stat. 146 ) needs my written consent to furnish my information to financial institutions. However, I have not given my written consent to credit bureaus to share my information which violates the F.C.R.A.\n\nI never gave consent to use his identity or social security number. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 Identity Theft.\n\nPrivacy Act of 1974, ( 5 U.S.C. 552a ) 22 CFR 1101. This federal legislation mandates precise management of personal information by government entities. Any employee of an agency who willfully discloses or obtains my social security number, without consent, subjects themself to a misdemeanor and {$5000.00} fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 28 802.23 Use and disclosure of social security numbers. ( a ) In general.Anindividualshall not be denied any right, benefit, or privilege provided by law because of suchindividual 's refusal to disclose his or her social security number.\n\nCFPB Issues Advisory to Protect Privacy When Companies Compile Personal Data. Advisory affirms that permissible purposes are required to use and share credit reports and background reports. XX/XX/XXXX. XXXX XXXX Today, the Consumer Financial Protection Bureau ( CFPB ) issued a legal interpretation to ensure that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act. The CFPBs new advisory opinion makes clear that credit reporting companies and users of credit reports have specific obligations to protect the publics data privacy. The advisory also reminds covered entities of potential criminal liability for certain misconduct. \n\nXXXX XXXX XXXX XXXX XXXX Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}. 5 U.S.C. 552a ( i ) ( 1 ).\n\nAny officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}. 5 U.S.C. 552a ( i ) ( 2 ).\n\nAny person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}. 5 U.S.C. 552a ( i ) ( 3 ).\n\nI sent a notice of liability. 1 ) Please provide all documentary evidence that was issued that authorized XXXX to report late payments on the consumer report of XXXX  XXXX ) Please provide Consumer FILE NOT a consumer report. XXXX ) Did credit bureaus create securities ( stocks, bonds, notes, debentures, limited partnership interests, oil and gas interests, and investment contracts ) with my information? 4 ) Non-answers or no answers, continued use of my non-public information, such as social security number, without my consent, non-payment of civil liability and non-compliance violations, and continued privacy violations are subject to : A. Form 3949-A ( Information Referral ) B. Form 211 ( Application for Award for Original Information ) C. Form 14039 ( Identity Theft Affidavit ) XXXX XXXX Forensic Audit then contact SEC for securities fraud. E. CFPB Complaint F. FTC Identity Theft Victims Complaint and Affidavit. Credit bureau is also subject to liability {$1000.00} per violation 15 U.S.C. 1681n Civil liability and willful noncompliance plus damages for emotional distress, defamation, privacy and confidentiality, and unauthorized use of social security number. Wrong doer subject to a misdemeanor and {$5000.00} fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 15 USC 1679c I have the right to dispute incomplete or inaccurate information. My dispute is not frivolous. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information must be removed or corrected within 30 days.\n\nFair Credit Reporting Act ( FCRA ), Public Law No. 91-508, was passed by the U.S. Congress to promote the accuracy, fairness, and privacy of personal information collected in credit reports","date_sent_to_company":"2024-03-04T03:30:30.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"46619","tags":null,"has_narrative":true,"complaint_id":"8465980","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-03-04T03:30:27.000Z","state":"IN","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["XXXX XXXX XXXX XXXX XXXX Any officer or employee of an agency, who by <em>virtue</em> of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this <em>section</em> or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any <em>person</em> or agency not <em>entitled</em> to receive it, shall"]},"sort":[9.878082,"8465980"]},{"_index":"complaint-public-v1","_id":"8465979","_score":9.878082,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have requested my consumer disclosure file not a consumer report. In regards to my \" file disclosure '' I have requested all the information about me in the files of XXXX, XXXX, and Transunion consumer reporting agencies. According to TransUnion, a consumer file disclosure will show any information that has been suppressed because the creditors have requested that the information not be shared. \nThe amount of inaccuracies from one bureau to another is astounding. It includes dates, amounts, account numbers, ect. \n16 CFR 313.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects privacy policies and practices. CAN NOT disclose non public information to non affiliates described in initial notice which must be clear and conspicuos.\n\n17CFR 248.124 Reasonable opportunity to opt out I never recieved privacy and opt out notice. The credit Bureaus must provide proof that I recieved privacy and opt out notices. I require the documentation used to determine authorization which include agreement, opt out notice given to me, privacy notice given to me, and all other documentation given to me and the names and ID numbers of all parties involved. Further rules that must be followed 16 CFR 313.4 ( a ) Initial privacy notice, 16 CFR 313.10 Limits on disclosure information to 3rd parties, 313.8 revised privacy.\n\nI gave them copies of the opt out notices which serve as proof ( 15 USC 6801-6805 and 12 CFR 1016.7 ) that my current creditors should not be reporting transactions and my nonpublic information to non affiliates. For further proof I have given them all privacy policies of the creditors. I have also attached a copy of XXXX, XXXX, and Transunion privacy policy as a reminder of their policies. I let them know that I am exercising my right to privacy and confidentiality which includes my social security number. \nAny further reporting of negative transactions will be a serious breach of privacy and confidentiality and a violation that causes harm, emotional distress, and libel ( defamation ) which violates Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 and are subject to a misdemeanor and {$5000.00} fine. XXXX, XXXX, and Transunion are also subject to liability {$1000.00} per violation 15 U.S.C. 1681n Civil liability and willful noncompliance FCRA 15 USC 1681 ( a ) ( 4 ) 602, According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n15 U.S.C. 6801- ( a ) Protection of nonpublic personal information with respect to privacy and protect security and confidentiality I gave them written consent and instructions per FCRA 15 U.S. Code 1681b backed up by P.L. 90-321 ( 82 Stat. 146 ), to remove all negative items on my consumer credit report. Without my consent/permissible purpose it is an unauthorized violation of privacy and confidentiality subject to liability per 15 U.S.C. 1681n Civil Liability {$1000.00} fine and Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 {$5000.00} fine.\n\nMy instructions require removal of all derogatory items.\n\n12 CFR 1016 and 15 USC 6802-6805. A consumer may exercise the right to opt out at any time. I am opting out of negative reporting only per FCRA, any consent I have given whether implied spoken, unspoken, written, unwritten or otherwise is revoked and rescinded immediately and indefinitely in regards to reporting negative items only ( 15 USC 6802-6805 and 12 CFR 1016 ).\n\nFCRA 15 USC 1681a ( 2 ) ( A ) ( i ) Consumer report doesnt include transactions or experiences between consumer and person making report. ( \" Person means corporation. XXXX is a corporation. Only a corporation can deal with corporation ). \n15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. \nAll inquires on XXXX, XXXX, and Transunion must be removed because there is no open account associated with this inquires it is not authorized and they need provide documentary evidence as proof of this open accounts, there is no permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ), FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. \nXX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX DE XXXX XXXX XX/XX/XXXX, XXXX XX/XX/XXXX, XXXX XXXX XX/XX/XXXX, XXXX XX/XX/XXXX. \nXXXX will prevent future inquires-per privacy and confidentiality- from harming me per written instructions. \n\nMust Correct my credit utilization, bring it to 0 %, update it paid as agreed. FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. XXXX will prevent future high credit utilization-per privacy and confidentiality- from harming me per written instructions. Credit bureaus will remove all late payments past present and future with XXXX, XXXX XXXXXXXX, XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. 2 ) All inaccuracy gives reason to delete late payments past present and future. 3 ) No permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ). 4 ) Privacy Act 1974 Violation. 5 ) 15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. consumer credit reporting companies can not report income on the credit report. Needs to be removed from all credit bureaus. Remove repossession ( INCOME ) certificate of indebtness 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C. consumer credit reporting companies can not report income on the credit report Remove all charge offs. They are INCOME certificate of indebtness All past, present, and future charge offs will be deleted. Instructions say not to to report negative items or be subject to liability. 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C.\n\n15 U.S. Code 1681b backed by P.L 90-321 ( 82 Stat. 146 ) needs my written consent to furnish my information to financial institutions. However, I have not given my written consent to credit bureaus to share my information which violates the F.C.R.A.\n\nI never gave consent to use his identity or social security number. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 Identity Theft.\n\nPrivacy Act of 1974, ( 5 U.S.C. 552a ) 22 CFR 1101. This federal legislation mandates precise management of personal information by government entities. Any employee of an agency who willfully discloses or obtains my social security number, without consent, subjects themself to a misdemeanor and {$5000.00} fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 28 802.23 Use and disclosure of social security numbers. ( a ) In general.Anindividualshall not be denied any right, benefit, or privilege provided by law because of suchindividual 's refusal to disclose his or her social security number.\n\nCFPB Issues Advisory to Protect Privacy When Companies Compile Personal Data. Advisory affirms that permissible purposes are required to use and share credit reports and background reports. XX/XX/XXXX. WASHINGTON, D.C. Today, the Consumer Financial Protection Bureau ( CFPB ) issued a legal interpretation to ensure that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act. The CFPBs new advisory opinion makes clear that credit reporting companies and users of credit reports have specific obligations to protect the publics data privacy. The advisory also reminds covered entities of potential criminal liability for certain misconduct. \n\nXXXX XXXX XXXX XXXX XXXX. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}. 5 U.S.C. 552a ( i ) ( 1 ).\n\nAny officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}. 5 U.S.C. 552a ( i ) ( 2 ).\n\nAny person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}. 5 U.S.C. 552a ( i ) ( 3 ). \nI sent a notice of liability. 1 ) Please provide all documentary evidence that was issued that authorized Transunion to report late payments on the consumer report of XXXX. 2 ) Please provide Consumer FILE NOT a consumer report. 3 ) Did credit bureaus create securities ( stocks, bonds, notes, debentures, limited partnership interests, oil and gas interests, and investment contracts ) with my information? 4 ) Non-answers or no answers, continued use of my non-public information, such as social security number, without my consent, non-payment of civil liability and non-compliance violations, and continued privacy violations are subject to : A. Form 3949-A ( Information Referral ) B. Form 211 ( Application for Award for Original Information ) C. Form 14039 ( Identity Theft Affidavit ) D. XXXX  Forensic Audit then contact SEC for securities fraud. E. CFPB Complaint F. FTC Identity Theft Victims Complaint and Affidavit. Credit bureau is also subject to liability {$1000.00} per violation 15 U.S.C. 1681n Civil liability and willful noncompliance plus damages for emotional distress, defamation, privacy and confidentiality, and unauthorized use of social security number. Wrong doer subject to a misdemeanor and {$5000.00} fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 15 USC 1679c I have the right to dispute incomplete or inaccurate information. My dispute is not frivolous. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information must be removed or corrected within 30 days.\n\nFair Credit Reporting Act ( FCRA ), Public Law No. 91-508, was passed by the U.S. Congress to promote the accuracy, fairness, and privacy of personal information collected in credit reports","date_sent_to_company":"2024-03-04T03:30:30.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"46619","tags":null,"has_narrative":true,"complaint_id":"8465979","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-03-04T03:30:27.000Z","state":"IN","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":["Any officer or employee of an agency, who by <em>virtue</em> of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this <em>section</em> or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any <em>person</em> or agency not <em>entitled</em> to receive it, shall be guilty of a misdemeanor"]},"sort":[9.878082,"8465979"]},{"_index":"complaint-public-v1","_id":"8465991","_score":9.873968,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have requested my consumer disclosure file not a consumer report. In regards to my \" file disclosure '' I have requested all the information about me in the files of Experian, XXXX, and XXXX consumer reporting agencies. According to XXXX, a consumer file disclosure will show any information that has been suppressed because the creditors have requested that the information not be shared. \nThe amount of inaccuracies from one bureau to another is astounding. It includes dates, amounts, account numbers, ect. \n16 CFR 313.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects privacy policies and practices. CAN NOT disclose non public information to non affiliates described in initial notice which must be clear and conspicuos. \n17CFR 248.124 Reasonable opportunity to opt out I never recieved privacy and opt out notice. The credit Bureaus must provide proof that I recieved privacy and opt out notices. I require the documentation used to determine authorization which include agreement, opt out notice given to me, privacy notice given to me, and all other documentation given to me and the names and ID numbers of all parties involved. Further rules that must be followed 16 CFR 313.4 ( a ) Initial privacy notice, 16 CFR 313.10 Limits on disclosure information to 3rd parties, 313.8 revised privacy.\n\nI gave them copies of the opt out notices which serve as proof ( 15 USC 6801-6805 and 12 CFR 1016.7 ) that my current creditors should not be reporting transactions and my nonpublic information to non affiliates. For further proof I have given them all privacy policies of the creditors. I have also attached a copy of Experian, XXXX, and XXXX privacy policy as a reminder of their policies. I let them know that I am exercising my right to privacy and confidentiality which includes my social security number. \nAny further reporting of negative transactions will be a serious breach of privacy and confidentiality and a violation that causes harm, emotional distress, and libel ( defamation ) which violates Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 and are subject to a misdemeanor and {$5000.00} fine. XXXX, Experian, and XXXX are also subject to liability {$1000.00} per violation 15 U.S.C. 1681n Civil liability and willful noncompliance FCRA 15 USC 1681 ( a ) ( 4 ) 602, According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n15 U.S.C. 6801- ( a ) Protection of nonpublic personal information with respect to privacy and protect security and confidentiality I gave them written consent and instructions per FCRA 15 U.S. Code 1681b backed up by P.L. 90-321 ( 82 Stat. 146 ), to remove all negative items on my consumer credit report. Without my consent/permissible purpose it is an unauthorized violation of privacy and confidentiality subject to liability per 15 U.S.C. 1681n Civil Liability {$1000.00} fine and Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 {$5000.00} fine.\n\nMy instructions require removal of all derogatory items.\n\n12 CFR 1016 and 15 USC 6802-6805. A consumer may exercise the right to opt out at any time. I am opting out of negative reporting only per FCRA, any consent I have given whether implied spoken, unspoken, written, unwritten or otherwise is revoked and rescinded immediately and indefinitely in regards to reporting negative items only ( 15 USC 6802-6805 and 12 CFR 1016 ).\n\nFCRA 15 USC 1681a ( 2 ) ( A ) ( i ) Consumer report doesnt include transactions or experiences between consumer and person making report. ( \" Person means corporation. Experian is a corporation. Only a corporation can deal with corporation ). \n15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. \nAll inquires on Experian, XXXX, and XXXX must be removed because there is no open account associated with this inquires it is not authorized and they need provide documentary evidence as proof of this open accounts, there is no permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ), FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. \nXX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \nExperian will prevent future inquires-per privacy and confidentiality- from harming me per written instructions. \n\nMust Correct my credit utilization, bring it to 0 %, update it paid as agreed. FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. Experian will prevent future high credit utilization-per privacy and confidentiality- from harming me per written instructions. Credit bureaus will remove all late payments past present and future with XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 1 ) 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. 2 ) All inaccuracy gives reason to delete late payments past present and future. 3 ) No permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ). 4 ) Privacy Act 1974 Violation. 5 ) 15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. consumer credit reporting companies can not report income on the credit report. Needs to be removed from all credit bureaus. Remove repossession ( INCOME ) certificate of indebtness 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C. consumer credit reporting companies can not report income on the credit report Remove all charge offs. They are INCOME certificate of indebtness All past, present, and future charge offs will be deleted. Instructions say not to to report negative items or be subject to liability. 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C.\n\n15 U.S. Code 1681b backed by P.L 90-321 ( 82 Stat. 146 ) needs my written consent to furnish my information to financial institutions. However, I have not given my written consent to credit bureaus to share my information which violates the F.C.R.A. \nI never gave consent to use his identity or social security number. XXXX XXXX XXXX681a ( q ) ( 3 ), 12 CFR 1022.3 Identity Theft.\n\nPrivacy Act of 1974, ( 5 U.S.C. 552a ) 22 CFR 1101. This federal legislation mandates precise management of personal information by government entities. Any employee of an agency who willfully discloses or obtains my social security number, without consent, subjects themself to a misdemeanor and {$5000.00} fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 28 802.23 Use and disclosure of social security numbers. ( a ) In general.Anindividualshall not be denied any right, benefit, or privilege provided by law because of suchindividual 's refusal to disclose his or her social security number.\n\nCFPB Issues Advisory to Protect Privacy When Companies Compile Personal Data. Advisory affirms that permissible purposes are required to use and share credit reports and background reports. XXXX XXXX XXXXXXXX XXXX, D.C. Today, the Consumer Financial Protection Bureau ( CFPB ) issued a legal interpretation to ensure that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act. The CFPBs new advisory opinion makes clear that credit reporting companies and users of credit reports have specific obligations to protect the publics data privacy. The advisory also reminds covered entities of potential criminal liability for certain misconduct. \n\nXXXX XXXX XXXXXXXX Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}. 5 U.S.C. 552a ( i ) ( 1 ).\n\nAny officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}. 5 U.S.C. 552a ( i ) ( 2 ). \nAny person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}. XXXX XXXX. XXXX ( i ) ( XXXX ). \nI sent a notice of liability. XXXX ) Please provide all documentary evidence that was issued that authorized XXXX to report late payments on the consumer report of XXXX XXXX ) Please provide Consumer FILE NOT a consumer report. 3 ) Did credit bureaus create securities ( stocks, bonds, notes, debentures, limited partnership interests, oil and gas interests, and investment contracts ) with my information? 4 ) Non-answers or no answers, continued use of my non-public information, such as social security number, without my consent, non-payment of civil liability and non-compliance violations, and continued privacy violations are subject to : A. Form 3949-A ( Information Referral ) B. Form 211 ( Application for Award for Original Information ) C. Form 14039 ( Identity Theft Affidavit ) XXXX XXXX Forensic Audit then contact SEC for securities fraud. E. CFPB Complaint F. FTC Identity Theft Victims Complaint and Affidavit. Credit bureau is also subject to liability {$1000.00} per violation 15 U.S.C. 1681n Civil liability and willful noncompliance plus damages for emotional distress, defamation, privacy and confidentiality, and unauthorized use of social security number. Wrong doer subject to a misdemeanor and {$5000.00} fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 15 USC 1679c I have the right to dispute incomplete or inaccurate information. My dispute is not frivolous. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information must be removed or corrected within 30 days.\n\nFair Credit Reporting Act ( FCRA ), Public Law No. 91-508, was passed by the U.S. Congress to promote the accuracy, fairness, and privacy of personal information collected in credit reports","date_sent_to_company":"2024-03-04T03:30:15.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"46619","tags":null,"has_narrative":true,"complaint_id":"8465991","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-03-04T03:10:20.000Z","state":"IN","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":["Any officer or employee of an agency, who by <em>virtue</em> of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this <em>section</em> or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any <em>person</em> or agency not <em>entitled</em> to receive it, shall be guilty of a misdemeanor"]},"sort":[9.873968,"8465991"]},{"_index":"complaint-public-v1","_id":"8754031","_score":9.831221,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have requested my consumer disclosure file not a consumer report. In regards to my \" file disclosure '' I have requested all the information about me in the files of XXXXXXXX XXXX EQUIFAX, XXXX, and XXXX XXXX XXXX agencies. According to XXXX, a consumer file disclosure will show any information that has been suppressed because the creditors have requested that the information not be shared. The amount of inaccuracies from one bureau to another is astounding. It includes dates, amounts, account numbers, ect. 16 CFR 313.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects privacy policies and practices. CAN NOT disclose non public information to non affiliates described in initial notice which must be clear and conspicuos. 17CFR 248.124 Reasonable opportunity to opt out I never recieved privacy and opt out notice. The credit Bureaus must provide proof that I recieved privacy and opt out notices. I require the documentation used to determine authorization which include agreement, opt out notice given to me, privacy notice given to me, and all other documentation given to me and the names and ID numbers of all parties involved. Further rules that must be followed 16 CFR 313.4 ( a ) Initial privacy notice, 16 CFR 313.10 Limits on disclosure information to 3rd parties, 313.8 revised privacy. I gave them copies of the opt out notices which serve as proof ( 15 USC 6801-6805 and 12 CFR 1016.7 ) that my current creditors should not be reporting transactions and my nonpublic information to non affiliates. For further proof I have given them all privacy policies CODES that are lawful of the creditors. I have also mentioned of XXXX, EQUIFAX, and XXXX privacy policy as a reminder of their policies. I let them know that I am exercising my right to privacy and confidentiality which includes my social security number. Any further reporting of negative transactions will be a serious breach of privacy and confidentiality and a violation that causes harm, emotional distress, and libel ( defamation ) which violates Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 and are subject to a misdemeanor and { {$5000.00} } fine. XXXX EQUIFAX, XXXX, and XXXX are also subject to liability { {$1000.00} } per violation 15 U.S.C. 1681n Civil liability and willful noncompliance FCRA 15 USC 1681 ( a ) ( 4 ) 602, According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S.C. 6801- ( a ) Protection of nonpublic personal information with respect to privacy and protect security and confidentiality I gave them written consent and instructions per FCRA 15 U.S. Code 1681b backed up by P.L. 90-321 ( 82 Stat. 146 ), to remove all negative items on my consumer credit report. Without my consent/permissible purpose it is an unauthorized violation of privacy and confidentiality subject to liability per 15 U.S.C. 1681n Civil Liability { {$1000.00} } fine and Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 { {$5000.00} } fine. My instructions require removal of all derogatory items. 12 CFR 1016 and 15 USC 6802-6805. A consumer may exercise the right to opt out at any time. I am opting out of negative reporting only per FCRA, any consent I have given whether implied spoken, unspoken, written, unwritten or otherwise is revoked and rescinded immediately and indefinitely in regards to reporting negative items only ( 15 USC 6802-6805 and 12 CFR 1016 ). FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) Consumer report DOESNT INCLUDE TRANSACTIONS or experiences between consumer and person making report. ( \" Person means corporation. XXXX XXXX is a corporation. Only a corporation can deal with corporation ). 15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than XXXX installments. All inquires on XXXX, EQUIFAX, and XXXX must be removed because there is no open account associated with this inquires it is not authorized and they need provide documentary evidence as proof of this open accounts, there is no permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ), FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. will prevent future inquires-per privacy and confidentiality- from harming me per written instructions. Must Correct my credit utilization, bring it to 0 %, update it paid as agreed. FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. XXXX and EQUIFAX will prevent future high credit utilization-per privacy and confidentiality- from harming me per written instructions. Credit bureaus will remove all late payments past present and future with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. 2 ) All inaccuracy gives reason to delete late payments past present and future. 3 ) No permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ). 4 ) Privacy Act 1974 Violation. 5 ) 15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. consumer credit reporting companies can not report income on the credit report. Needs to be removed from all credit bureaus. Remove repossession ( INCOME ) certificate of indebtness 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C. consumer credit reporting companies can not report income on the credit report Remove all charge offs. They are INCOME certificate of indebtness All past, present, and future charge offs will be deleted. Instructions say not to to report negative items or be subject to liability. 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C. 15 U.S. Code 1681b backed by P.L 90-321 ( 82 Stat. 146 ) needs my written consent to furnish my information to financial institutions. However, I have not given my written consent to credit bureaus to share my information which violates the F.C.R.A. I never gave consent to use his identity or social security number. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 Identity Theft. Privacy Act of 1974, ( 5 U.S.C. 552a ) 22 CFR 1101. This federal legislation mandates precise management of personal information by government entities. Any employee of an agency who willfully discloses or obtains my social security number, without consent, subjects themself to a misdemeanor and { {$5000.00} } fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 28 802.23 Use and disclosure of social security numbers. ( a ) In general.An individual shall not be denied any right, benefit, or privilege provided by law because of suchindividual 's refusal to disclose his or her social security number. CFPB Issues Advisory to Protect Privacy When Companies Compile Personal Data. Advisory affirms that permissible purposes are required to use and share credit reports and background reports.. WASHINGTON, XXXX Today XXXX the Consumer Financial Protection Bureau ( CFPB ) issued a legal interpretation to ensure that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act. The CFPBs new advisory opinion makes clear that credit reporting companies and users of credit reports have specific obligations to protect the publics data privacy. The advisory also reminds covered entities of potential criminal liability for certain misconduct.. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. 5 U.S.C. 552a ( i ) ( 1 ). Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. 5 U.S.C. 552a ( i ) ( 2 ). Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. 5 U.S.C. 552a ( i ) ( 3 ). I sent a notice of liability. 1 ) Please provide all documentary evidence that was issued that authorized XXXX, Equifax, XXXX to report late payments on the consumer report of XXXX XXXX. 2 ) Please provide Consumer FILE NOT a consumer report. 3 ) Did credit bureaus create securities ( stocks, bonds, notes, debentures, limited partnership interests, oil and gas interests, and investment contracts ) with my information? 4 ) Non-answers or no answers, continued use of my non-public information, such as social security number, without my consent, non-payment of civil liability and non-compliance violations, and continued privacy violations are subject to : A. Form 3949-A ( Information Referral ) B. Form 211 ( Application for Award for Original Information ) C. Form 14039 ( Identity Theft Affidavit ) D. Forensic Audit then contact SEC for securities fraud. E. CFPB Complaint F. FTC Identity Theft Victims Complaint and Affidavit. Credit bureau is also subject to liability { {$1000.00} } per violation 15 U.S.C. 1681n Civil liability and willful noncompliance plus damages for emotional distress, defamation, privacy and confidentiality, and unauthorized use of social security number. Wrong doer subject to a misdemeanor and { {$5000.00} } fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 15 USC 1679c I have the right to dispute incomplete or inaccurate information. My dispute is not frivolous. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information must be removed or corrected within 30 days. Fair Credit Reporting Act ( FCRA ), Public Law No. 91-508, was passed by the U.S. Congress to promote the accuracy, fairness, and privacy of personal information collected in credit reports. I require PERFORMANCE.","date_sent_to_company":"2024-04-11T18:22:53.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"320XX","tags":null,"has_narrative":true,"complaint_id":"8754031","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-11T17:19:57.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Any officer or employee of an agency, who by <em>virtue</em> of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this <em>section</em> or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any <em>person</em> or agency not <em>entitled</em> to receive it, shall be guilty of a misdemeanor"]},"sort":[9.831221,"8754031"]},{"_index":"complaint-public-v1","_id":"8753889","_score":9.796189,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have requested my consumer disclosure file not a consumer report. In regards to my \" file disclosure '' I have requested all the information about me in the files of XXXXXXXX XXXX XXXX, XXXX, and TRANSUNION consumer reporting agencies. According to TransUnion, a consumer file disclosure will show any information that has been suppressed because the creditors have requested that the information not be shared. The amount of inaccuracies from one bureau to another is astounding. It includes dates, amounts, account numbers, ect. 16 CFR 313.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects privacy policies and practices. CAN NOT disclose non public information to non affiliates described in initial notice which must be clear and conspicuos. 17CFR 248.124 Reasonable opportunity to opt out I never recieved privacy and opt out notice. The credit Bureaus must provide proof that I recieved privacy and opt out notices. I require the documentation used to determine authorization which include agreement, opt out notice given to me, privacy notice given to me, and all other documentation given to me and the names and ID numbers of all parties involved. Further rules that must be followed 16 CFR 313.4 ( a ) Initial privacy notice, 16 CFR 313.10 Limits on disclosure information to 3rd parties, 313.8 revised privacy. I gave them copies of the opt out notices which serve as proof ( 15 USC 6801-6805 and 12 CFR 1016.7 ) that my current creditors should not be reporting transactions and my nonpublic information to non affiliates. For further proof I have given them all privacy policies CODES that are lawful of the creditors. I have also mentioned of XXXX, XXXX, and TRANSUNION privacy policy as a reminder of their policies. I let them know that I am exercising my right to privacy and confidentiality which includes my social security number. Any further reporting of negative transactions will be a serious breach of privacy and confidentiality and a violation that causes harm, emotional distress, and libel ( defamation ) which violates Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 and are subject to a misdemeanor and { {$5000.00} } fine. XXXX XXXX, XXXX, and TRANSUNION are also subject to liability { {$1000.00} } per violation 15 U.S.C. 1681n Civil liability and willful noncompliance FCRA 15 USC 1681 ( a ) ( 4 ) 602, According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S.C. 6801- ( a ) Protection of nonpublic personal information with respect to privacy and protect security and confidentiality I gave them written consent and instructions per FCRA 15 U.S. Code 1681b backed up by P.L. 90-321 ( 82 Stat. 146 ), to remove all negative items on my consumer credit report. Without my consent/permissible purpose it is an unauthorized violation of privacy and confidentiality subject to liability per 15 U.S.C. 1681n Civil Liability { {$1000.00} } fine and Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 { {$5000.00} } fine. My instructions require removal of all derogatory items. 12 CFR 1016 and 15 USC 6802-6805. A consumer may exercise the right to opt out at any time. I am opting out of negative reporting only per FCRA, any consent I have given whether implied spoken, unspoken, written, unwritten or otherwise is revoked and rescinded immediately and indefinitely in regards to reporting negative items only ( 15 USC 6802-6805 and 12 CFR 1016 ). FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) Consumer report DOESNT INCLUDE TRANSACTIONS or experiences between consumer and person making report. ( \" Person means corporation. XXXX XXXX is a corporation. Only a corporation can deal with corporation ). 15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. All inquires on XXXX, XXXX, and TRANSUNION must be removed because there is no open account associated with this inquires it is not authorized and they need provide documentary evidence as proof of this open accounts, there is no permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ), FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. will prevent future inquires-per privacy and confidentiality- from harming me per written instructions. Must Correct my credit utilization, bring it to 0 %, update it paid as agreed. FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. XXXX and XXXX will prevent future high credit utilization-per privacy and confidentiality- from harming me per written instructions. Credit bureaus will remove all late payments past present and future with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( IDENTITY FRAUD SUBMITTED ) 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. 2 ) All inaccuracy gives reason to delete late payments past present and future. 3 ) No permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ). 4 ) Privacy Act 1974 Violation. 5 ) 15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. consumer credit reporting companies can not report income on the credit report. Needs to be removed from all credit bureaus. Remove repossession ( INCOME ) certificate of indebtness 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C. consumer credit reporting companies can not report income on the credit report Remove all charge offs. They are INCOME certificate of indebtness All past, present, and future charge offs will be deleted. Instructions say not to to report negative items or be subject to liability. 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C. 15 U.S. Code 1681b backed by P.L 90-321 ( 82 Stat. 146 ) needs my written consent to furnish my information to financial institutions. However, I have not given my written consent to credit bureaus to share my information which violates the F.C.R.A. I never gave consent to use his identity or social security number. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 Identity Theft. Privacy Act of 1974, ( 5 U.S.C. 552a ) 22 CFR 1101. This federal legislation mandates precise management of personal information by government entities. Any employee of an agency who willfully discloses or obtains my social security number, without consent, subjects themself to a misdemeanor and { {$5000.00} } fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 28 802.23 Use and disclosure of social security numbers. ( a ) In general.An individual shall not be denied any right, benefit, or privilege provided by law because of suchindividual 's refusal to disclose his or her social security number. CFPB Issues Advisory to Protect Privacy When Companies Compile Personal Data. Advisory affirms that permissible purposes are required to use and share credit reports and background reports.. WASHINGTON, D.C. Today , the Consumer Financial Protection Bureau ( CFPB ) issued a legal interpretation to ensure that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act. The CFPBs new advisory opinion makes clear that credit reporting companies and users of credit reports have specific obligations to protect the publics data privacy. The advisory also reminds covered entities of potential criminal liability for certain misconduct.. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. 5 U.S.C. 552a ( i ) ( 1 ). Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. 5 U.S.C. 552a ( i ) ( 2 ). Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. 5 U.S.C. 552a ( i ) ( 3 ). I sent a notice of liability. 1 ) Please provide all documentary evidence that was issued that authorized Transunion, XXXX, XXXX to report late payments on the consumer report of XXXX XXXX. 2 ) Please provide Consumer FILE NOT a consumer report. 3 ) Did credit bureaus create securities ( stocks, bonds, notes, debentures, limited partnership interests, oil and gas interests, and investment contracts ) with my information? 4 ) Non-answers or no answers, continued use of my non-public information, such as social security number, without my consent, non-payment of civil liability and non-compliance violations, and continued privacy violations are subject to : A. Form XXXX ( Information Referral ) B. Form XXXX ( Application for Award for Original Information ) C. Form XXXX ( Identity Theft Affidavit ) D. Forensic Audit then contact SEC for securities fraud. E. CFPB Complaint F. FTC Identity Theft Victims Complaint and Affidavit. Credit bureau is also subject to liability { {$1000.00} } per violation 15 U.S.C. 1681n Civil liability and willful noncompliance plus damages for emotional distress, defamation, privacy and confidentiality, and unauthorized use of social security number. Wrong doer subject to a misdemeanor and { {$5000.00} } fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 15 USC 1679c I have the right to dispute incomplete or inaccurate information. My dispute is not frivolous. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information must be removed or corrected within 30 days. Fair Credit Reporting Act ( FCRA ), Public Law No. 91-508, was passed by the U.S. Congress to promote the accuracy, fairness, and privacy of personal information collected in credit reports. I require PERFORMANCE.","date_sent_to_company":"2024-04-11T18:23:02.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"320XX","tags":null,"has_narrative":true,"complaint_id":"8753889","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-04-11T18:22:59.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Any officer or employee of an agency, who by <em>virtue</em> of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this <em>section</em> or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any <em>person</em> or agency not <em>entitled</em> to receive it, shall be guilty of a misdemeanor"]},"sort":[9.796189,"8753889"]},{"_index":"complaint-public-v1","_id":"8140712","_score":9.652751,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Lexis Nexis continues to report an alleged bankruptcy onto my consumer report. This is a violation of my consumer rights as this bankruptcy has not been properly verified as belonging to me. I have repeatedly asked that they provide me with documentation or the person they have spoken to that verified this alleged bankruptcy. \n( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. \n\n( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. \n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. \n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter. \n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ). \n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ). \n( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. \n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding XXXX, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( XXXX ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding XXXX, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the s","date_sent_to_company":"2024-01-11T00:42:46.000Z","issue":"Problem with a company's investigation into an existing issue","sub_product":"Other personal consumer report","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8140712","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-01-11T00:34:42.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.652751,"8140712"]},{"_index":"complaint-public-v1","_id":"8140719","_score":9.63121,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian is continuing to report inaccurate information on my consumer report. I have repeatedly asked that the information be removed from my consumer report as it is not accurate at all. Experian is required under federal law to report accurate information yet my address is listed incorrectly. \n\nMy name is XXXX XXXX this is the only name I am known by and there should be no other name listed on my consumer report. My only address is XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, IL XXXX. \n( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. \n\n( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. \n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph. \n\n( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).\n\n( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( 1 ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise","date_sent_to_company":"2024-01-11T01:00:49.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8140719","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-01-11T00:48:33.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.63121,"8140719"]},{"_index":"complaint-public-v1","_id":"8152184","_score":9.622245,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis continues to furnish an alleged bankruptcy onto my consumer report. I want to know who gave LexisNexis information specifically about this bankruptcy and I want to see where I gave LexisNexis permission and authority to release such information about me. To be clear I want verification of this alleged bankruptcy. Send me the contract or paperwork bearing my signature. If no such documents exist I demand LexisNexis stop furnishing my private information to third parties as a federally protected consumer and private citizen I have a right to privacy. LexisNexis is monetizing my data for profits therefore their investigations into this matter is biased which is why this is my 3rd complaint about furnishing my information. You are trespassing on copyrighted property. \n{$10000.00} penalty. \n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. \n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.","date_sent_to_company":"2024-01-12T15:11:50.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8152184","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-01-12T14:52:25.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.622245,"8152184"]},{"_index":"complaint-public-v1","_id":"7522193","_score":9.560304,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian and XXXX continue to report an alleged bankruptcy without proof. I contacted the clerk of court and was told that the court system does not release court records to third parties unless it is an attorney or party to the case that it would be a violation of privacy. This leads me to ask how was this alleged bankruptcy verified? \n\n5 U.S. Code 552a - Records maintained on individuals ( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( XXXX ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( XXXX ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XXXX XXXX XXXX.\n\n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( l ) ( 1 ) Archival Records.\n\nEach agency record which is accepted by the Archivist of the United States for storage, processing, and servicing in accordance with section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the agency which deposited the record and shall be subject to the provisions of this section. The Archivist of the United States shall not disclose the record except to the agency which maintains the record, or under rules established by that agency which are not inconsistent with the provisions of this section.\n\n( 2 ) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, prior to the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall not be subject to the provisions of this section, except that a statement generally describing such records ( modeled after the requirements relating to records subject to subsections ( e ) ( 4 ) ( A ) through ( G ) of this section ) shall be published in the Federal Register.\n\n( 3 ) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall be exempt from the requirements of this section except subsections ( e ) ( 4 ) ( A ) through ( G ) and ( e ) ( 9 ) of this section.\n\n( m ) ( 1 ) Government Contractors.\n\nWhen an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection ( i ) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency.\n\n( 2 ) A consumer reporting agency to which a record is disclosed under section 3711 ( e ) of title 31 shall not be considered a contractor for the purposes of this section.\n\n( n ) Mailing Lists. \nAn individuals name and address XXXX not be sold or rented by an agency unless such action is","date_sent_to_company":"2023-09-09T01:01:53.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"7522193","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-09-09T00:45:14.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.560304,"7522193"]},{"_index":"complaint-public-v1","_id":"7522209","_score":9.55568,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX and XXXX continue to report an alleged bankruptcy without proof. I contacted the clerk of court and was told that the court system does not release court records to third parties unless it is an attorney or party to the case that it would be a violation of privacy. This leads me to ask how was this alleged bankruptcy verified? \n\n5 U.S. Code 552a - Records maintained on individuals ( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.\n\n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( l ) ( 1 ) Archival Records.\n\nEach agency record which is accepted by the Archivist of the United States for storage, processing, and servicing in accordance with section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the agency which deposited the record and shall be subject to the provisions of this section. The Archivist of the United States shall not disclose the record except to the agency which maintains the record, or under rules established by that agency which are not inconsistent with the provisions of this section.\n\n( 2 ) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, prior to the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall not be subject to the provisions of this section, except that a statement generally describing such records ( modeled after the requirements relating to records subject to subsections ( e ) ( 4 ) ( A ) through ( G ) of this section ) shall be published in the Federal Register.\n\n( 3 ) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall be exempt from the requirements of this section except subsections ( e ) ( 4 ) ( A ) through ( G ) and ( e ) ( 9 ) of this section.\n\n( m ) ( 1 ) Government Contractors.\n\nWhen an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection ( i ) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency.\n\n( 2 ) A consumer reporting agency to which a record is disclosed under section 3711 ( e ) of title 31 shall not be considered a contractor for the purposes of this section.\n\n( n ) Mailing Lists.\n\nAn individuals name and address may not be sold or rented by an agency unless such action is","date_sent_to_company":"2023-09-09T01:02:07.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"7522209","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2023-09-09T01:02:01.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.55568,"7522209"]},{"_index":"complaint-public-v1","_id":"7522208","_score":9.5390005,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX and Equifax continue to report an alleged bankruptcy without proof. I contacted the clerk of court and was told that the court system does not release court records to third parties unless it is an attorney or party to the case that it would be a violation of privacy. This leads me to ask how was this alleged bankruptcy verified? \n\n5 U.S. Code 552a - Records maintained on individuals ( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.\n\n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( l ) ( 1 ) Archival Records.\n\nEach agency record which is accepted by the Archivist of the United States for storage, processing, and servicing in accordance with section 3103 of title 44 shall, for the purposes of this section, be considered to be maintained by the agency which deposited the record and shall be subject to the provisions of this section. The Archivist of the United States shall not disclose the record except to the agency which maintains the record, or under rules established by that agency which are not inconsistent with the provisions of this section.\n\n( 2 ) Each agency record pertaining to an identifiable individual which was transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, prior to the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall not be subject to the provisions of this section, except that a statement generally describing such records ( modeled after the requirements relating to records subject to subsections ( e ) ( 4 ) ( A ) through ( G ) of this section ) shall be published in the Federal Register.\n\n( 3 ) Each agency record pertaining to an identifiable individual which is transferred to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, on or after the effective date of this section, shall, for the purposes of this section, be considered to be maintained by the National Archives and shall be exempt from the requirements of this section except subsections ( e ) ( 4 ) ( A ) through ( G ) and ( e ) ( 9 ) of this section.\n\n( m ) ( 1 ) Government Contractors.\n\nWhen an agency provides by a contract for the operation by or on behalf of the agency of a system of records to accomplish an agency function, the agency shall, consistent with its authority, cause the requirements of this section to be applied to such system. For purposes of subsection ( i ) of this section any such contractor and any employee of such contractor, if such contract is agreed to on or after the effective date of this section, shall be considered to be an employee of an agency.\n\n( 2 ) A consumer reporting agency to which a record is disclosed under section 3711 ( e ) of title 31 shall not be considered a contractor for the purposes of this section.\n\n( n ) Mailing Lists.\n\nAn individuals name and address may not be sold or rented by an agency unless such action is","date_sent_to_company":"2023-09-09T01:02:07.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"7522208","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-09-09T01:02:01.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.5390005,"7522208"]},{"_index":"complaint-public-v1","_id":"8856487","_score":9.517814,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, exerian and XXXX continue to report a bankruptcy that they do not have authorization to report. experian, XXXX, and XXXX are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. 248.124 Reasonable opportunity to opt out. ( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. ( XXXX ) By electronic means. ( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. ( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. ( XXXX ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. ( XXXX ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. ( XXXX ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. ( a ) Definitions.For purposes of this section ( XXXX ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( XXXX ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( XXXX ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( XXXX ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost. ( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. ( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of { {$1000.00} } ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975. ( h ) Rights of Legal Guardians. For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( 1 ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ;","date_sent_to_company":"2024-04-25T10:50:58.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8856487","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-25T10:50:56.000Z","state":"HI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.517814,"8856487"]},{"_index":"complaint-public-v1","_id":"8856469","_score":9.514935,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"equifax, XXXX  and XXXX continue to report a bankruptcy that they do not have authorization to report. XXXX, equifax, and XXXX are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. 248.124 Reasonable opportunity to opt out. ( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. ( XXXX ) By electronic means. ( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. ( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. ( XXXX ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. ( XXXX ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. ( XXXX ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. ( a ) Definitions.For purposes of this section ( XXXX ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( XXXX ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( XXXX ) the term maintain includes maintain, collect, use, or disseminate ; ( XXXX ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( XXXX ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section XXXX of title XXXX ; ( XXXX ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of ManagemenXXXX and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( XXXX ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( XXXX ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( XXXX ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( XXXX ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( XXXX ) required under section 552 of this title ; ( XXXX ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( XXXX ) ( XXXX ) ( D ) of this section ; ( XXXX ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( XXXX ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( XXXX ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( XXXX ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( XXXX ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( XXXX ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( XXXX ) pursuant to the order of a court of competent jurisdiction ; or ( XXXX ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( XXXX ) except for disclosures made under subsections ( b ) ( XXXX ) or ( b ) ( XXXX ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( XXXX ) retain the accounting made under paragraph ( XXXX ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( XXXX ) except for disclosures made under subsection ( b ) ( XXXX ) of this section, make the accounting made under paragraph ( XXXX ) of this subsection available to the individual named in the record at his request; and ( XXXX ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( XXXX ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( XXXX ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( XXXX ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( XXXX ) ( A ) of this section ; ( XXXX ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( XXXX ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( XXXX ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( XXXX XXXX Agency Requirements.Each agency that maintains a system of records shall ( XXXX ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( XXXX ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( XXXX ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( XXXX ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( XXXX ) subject to the provisions of paragraph ( XXXX ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( XXXX ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( XXXX ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( XXXX ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( XXXX ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( XXXX ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( XXXX ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( XXXX ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( XXXX ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( XXXX ) at least 30 days prior to publication of information under paragraph ( XXXX ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( XXXX ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( XXXX ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( XXXX ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( XXXX ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( XXXX ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( XXXX ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( XXXX ) ( XXXX ) of this section in a form available to the public at low cost. ( g ) ( XXXX ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( XXXX ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( XXXX ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( XXXX ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of { {$1000.00} } ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( XXXX ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975. ( h ) Rights of Legal Guardians. For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( XXXX ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( XXXX ) ( XXXX ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( XXXX ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( XXXX ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ;","date_sent_to_company":"2024-04-25T10:50:42.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8856469","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-25T10:13:24.000Z","state":"HI","company_public_response":null,"sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.514935,"8856469"]},{"_index":"complaint-public-v1","_id":"8855930","_score":9.49443,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX  and Lexisnexis continue to report a bankruptcy that they do not have authorization to report. XXXX, XXXX, and LexisNexis are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. 248.124 Reasonable opportunity to opt out. ( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( XXXX ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. ( XXXX ) By electronic means. ( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. ( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. ( XXXX ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. ( XXXX ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. ( XXXX  ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. ( a ) Definitions.For purposes of this section ( XXXX ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( XXXX ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( XXXX ) the term maintain includes maintain, collect, use, or disseminate ; ( XXXX ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( XXXX ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( XXXX ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( XXXX ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( XXXX ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( XXXX ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( XXXX ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( XXXX ) to the XXXXomptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( XXXX ) pursuant to the order of a court of competent jurisdiction ; or ( XXXX ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( XXXX ) retain the accounting made under paragraph ( XXXX ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( XXXX ) except for disclosures made under subsection ( b ) ( XXXX ) of this section, make the accounting made under paragraph ( XXXX ) of this subsection available to the individual named in the record at his request; and ( XXXX ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( XXXX ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( XXXX ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( XXXX ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( XXXX ) ( A ) of this section ; ( XXXX ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( XXXX ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( XXXX ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( XXXX XXXX Agency Requirements.Each agency that maintains a system of records shall ( XXXX ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( XXXX ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( XXXX ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( XXXX ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( XXXX ) subject to the provisions of paragraph ( XXXX ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( XXXX ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( XXXX ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( XXXX ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( XXXX ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( XXXX ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( XXXX ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( XXXX ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( XXXX ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( XXXX ) at least 30 days prior to publication of information under paragraph ( XXXX ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( XXXX ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( XXXX ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( XXXX ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( XXXX ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( XXXX ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( XXXX ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( XXXX ) ( XXXX ) of this section in a form available to the public at low cost. ( g ) ( XXXX ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( XXXX ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( XXXX ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( XXXX ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of { {$1000.00} } ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( XXXX ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975. ( h ) Rights of Legal Guardians. For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( 1 ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( XXXX ) ( XXXX ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( XXXX ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( XXXX ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ;","date_sent_to_company":"2024-04-25T10:50:58.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8855930","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-04-25T10:50:56.000Z","state":"HI","company_public_response":null,"sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.49443,"8855930"]},{"_index":"complaint-public-v1","_id":"8438423","_score":9.228962,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis continues to report an allege bankruptcy and they do not have permission. Delete this allege bankruptcy from my consumer report.\n\n248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( l ) ( 1 ) Archival Records.\n\nEach agency record which is accepted","date_sent_to_company":"2024-02-29T05:29:12.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"8438423","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-29T05:22:55.000Z","state":"MI","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.228962,"8438423"]},{"_index":"complaint-public-v1","_id":"8438484","_score":9.181801,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis is reporting a bankruptcy that I did not give them to permission to report. LexisNexis sells information as a data reseller and collects information from various other companies but that does not mean they have permission. M = XXXX Reasonable opportunity to opt out. \n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). \n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means. \n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. \n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. \n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. \n\n\n\n\n\n\n\n\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. \n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. \n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the XXXX XXXX upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a","date_sent_to_company":"2024-02-29T05:18:31.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8438484","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-29T05:18:29.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.181801,"8438484"]},{"_index":"complaint-public-v1","_id":"8370332","_score":9.177288,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and LexisnExis continue to report a bankruptcy that they do not have authorization to report. XXXX, XXXX, and LexisNexis are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. \n\n248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.\n\n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but","date_sent_to_company":"2024-02-18T22:50:40.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8370332","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-18T22:50:36.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.177288,"8370332"]},{"_index":"complaint-public-v1","_id":"8150260","_score":9.165465,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis continues to violate my consumer rights protected by federal law. I have the right to opt out of anything being reported about me. This is my consumer information and if it I do not want it being reported I have a right to opt out. LexisNexis makes a profit from the selling of this information to the credit bureaus this is why their investigation is biased.\n\n248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). \n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given XXXX days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means. \n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given XXXX  days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given XXXX  days after the e-mail is sent to elect to opt out by any reasonable means. \n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. \n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in t","date_sent_to_company":"2024-01-11T17:27:13.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30132","tags":null,"has_narrative":true,"complaint_id":"8150260","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-01-11T17:04:47.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["or <em>persons</em> for the purpose of gathering evidence against such <em>person</em> or <em>persons</em> ; ( iv ) matches of tax information ( I ) pursuant to <em>section</em> 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in <em>section</em> 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by <em>section</em> 404 ( e ), 464, or 1137 of the Social <em>Security</em> Act ; or ( IV ) for the purpose of intercepting a tax refund"]},"sort":[9.165465,"8150260"]},{"_index":"complaint-public-v1","_id":"8368931","_score":9.158226,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"GROWCREDIT is furnishing deceptive information to the credit bureaus that I do believe have not been properly verified or validated as accurate as there are several inaccuracies from each reporting information. The credit bureaus allege this information is being sent from GrowCredit so how is this account being report XXXX different ways. Furthermore GrowCredit has to have my expressed or written consent to sell information for profit. They do not have permission to sell my financial history with them for profit this is putting my information at risk to be comprised. \nXXXX Reasonable opportunity to opt out. \nXXXX XXXX XXXX  In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ). \n\nXXXX XXXX XXXX  Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. \n\n( XXXX ) By electronic means. \n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. \n\n( XXXX ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer XXXX use to opt out at that time using the same mechanism through which the transaction is conducted. \n\n( XXXX ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer XXXX use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check XXXX of XXXX blank check boxesone that allows consumers to indicate that they want to opt out and XXXX that allows consumers to indicate that they do not want to opt out. \n\n( XXXX ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. \n\n( a ) Definitions.For purposes of this section ( XXXX ) the term agency means agency as defined in section XXXX ( XXXX ) [ XXXX ] of this title ; ( XXXX ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( XXXX ) the term maintain includes maintain, collect, use, or disseminate ; ( XXXX ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( XXXX ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section XXXX of title XXXX ; ( XXXX ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) XXXX or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) XXXX or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which XXXX not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section XXXX ( d ) of the Internal Revenue Code of XXXX, ( II ) for purposes of tax administration as defined in section XXXX ( b ) ( XXXX ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section XXXX ( XXXX ), XXXX, or XXXX of the Social Security XXXX ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the XXXX of the Office of XXXX and XXXX XXXX XXXX verification, notice, and hearing requirements that are substantially similar to the procedures in section XXXX of the Social Security XXXX ; ( v ) matches ( XXXX ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the XXXX of the Office of XXXX and XXXX XXXX XXXX subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal XXXX personnel ; ( XXXX ) matches performed incident to a levy described in section XXXX XXXX XXXX XXXX XXXX XXXX XXXX of the Internal Revenue Code of XXXX ; ( XXXX ) XXXX performed pursuant to section XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) ( XXXX ) of the Social Security XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX ) matches performed by the Secretary of XXXX and XXXX XXXX or the Inspector General of the Department XXXX XXXX and XXXX XXXX with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section XXXX ( d ) ( XXXX ) of the Achieving a Better Life Experience Act of XXXX ; XXXX ( XXXX ) the term recipient agency means any agency, or XXXX thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( XXXX ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel XXXX officers and employees of the Government of the United States XXXX XXXX of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States XXXX XXXX survivor benefits ). \n( b ) Conditions of XXXX XXXX shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( XXXX ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( XXXX ) required under section XXXX of this title ; ( XXXX ) for a routine use as defined in subsection ( a ) ( XXXX ) of this section and described under subsection ( XXXX ) ( XXXX ) ( D ) of this section ; ( XXXX ) to the XXXX of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title XXXX ; ( XXXX ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( XXXX ) to the XXXX XXXX and XXXX XXXX as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( XXXX ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( XXXX ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( XXXX ) to either House XXXX XXXX, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any XXXX XXXX XXXX XXXX or XXXX of any such joint committee ; ( XXXX ) to the XXXX XXXX, or any of his authorized representatives, in the course of the performance of the duties of the Government XXXX XXXX ; ( XXXX ) pursuant to the order of a court of competent jurisdiction ; or ( XXXX ) to a consumer reporting agency in accordance with section XXXX ( XXXX ) of title XXXX. \n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( XXXX ) except for disclosures made under subsections ( b ) ( XXXX ) or ( b ) ( XXXX ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( XXXX ) retain the accounting made under paragraph ( XXXX ) of this subsection for at least XXXX years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( XXXX ) except for disclosures made under subsection ( b ) ( XXXX ) of this section, make the accounting made under paragraph ( XXXX ) of this subsection available to the individual named in the record at his request; and ( XXXX ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. \n( d ) Access to Records.Each agency that maintains a system of records shall ( XXXX ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency XXXX require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( XXXX ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding XXXX, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an XXXX designated by the head of the agency, and the name and business address of that official ; ( XXXX ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding XXXX, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such XXXX period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( XXXX ) ( A ) of this section ; ( XXXX ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( XXXX ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( XXXX ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. \n( XXXX XXXX XXXX Requirements.Each agency that maintains a system of records shall ( XXXX ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by XXXX order of the President ; ( XXXX ) collect information to the greatest extent practicable directly from the subject individual when the information XXXX result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( XXXX ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by XXXX order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which XXXX be made of the information, as published pursuant to paragraph ( XXXX ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( XXXX ) subject to the provisions of paragraph ( XXXX ) of this subsection, publish in the XXXX XXXX upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( XXXX ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( XXXX ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( XXXX ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( XXXX ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( XXXX ) maintain no record describing how any individual exercises rights guaranteed by the XXXX XXXX unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( XXXX ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( XXXX ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( XXXX ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( XXXX ) at least 30 days prior to publication of information under paragraph ( XXXX ) ( D ) of this subsection, publish in the XXXX XXXX notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( XXXX ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the XXXX XXXX notice of such establishment or revision. \n( f ) XXXX XXXX order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section XXXX of this title, which shall ( XXXX ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( XXXX ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( XXXX ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( XXXX ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means XXXX be necessary for each individual to be able to exercise fully his rights under this section; and ( XXXX ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. \nThe XXXX XXXX XXXX XXXX XXXX shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( XXXX ) ( XXXX ) of this section in a form available to the public at low cost. \n( g ) ( XXXX ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( XXXX ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( XXXX ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that XXXX be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual XXXX bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. \n( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( A ) of this section, the court XXXX order the agency to amend the individuals record in accordance with his request or in such other way as the court XXXX direct. In such a case the court shall determine the matter de novo. \n( B ) The court XXXX assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. \n( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( B ) of this section, the court XXXX enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and XXXX examine the contents of any agency records in camera to determine whether the records or any portion thereof XXXX be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. \n( B ) The court XXXX assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. \n( XXXX ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. \n( XXXX ) An action to enforce any liability created under this section XXXX be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within XXXX years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action XXXX be brought at any time within XXXX years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of XXXX Guardians. \nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, XXXX act on behalf of the individual. \n( i ) ( XXXX ) Criminal Penalties. \nAny XXXX or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}. \n( XXXX ) Any XXXX or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( XXXX ) ( XXXX ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}. \n( XXXX ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}. \n( j ) General Exemptions.The head of any agency XXXX promulgate rules, in accordance with the requirements ( including general notice ) of sections XXXX ( b ) ( XXXX ), ( XXXX ), and ( XXXX ), ( c ), and ( XXXX ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( XXXX ) and ( XXXX ), ( XXXX ) ( XXXX ) ( A ) through ( F ), ( XXXX ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), and ( XXXX ), and ( i ) if the system of records is ( XXXX ) maintained by the XXXX XXXX XXXX ; or ( XXXX ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the 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authority granted by <em>section</em> XXXX ( XXXX ), XXXX, or XXXX of the Social <em>Security</em> XXXX ; or ( IV ) for the purpose of intercepting a tax"]},"sort":[9.158226,"8368931"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":37,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":37}]}},"product":{"doc_count":37,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":22,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":21},{"key":"Other personal consumer report","doc_count":1}]}},{"key":"Debt collection","doc_count":5,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Mortgage debt","doc_count":2},{"key":"Auto debt","doc_count":1},{"key":"Federal student loan 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