{"took":202,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":25,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"8428461","_score":22.50372,"_source":{"product":"Credit card","complaint_what_happened":"I am writing to bring to your attention a concerning issue I have encountered with JP Morgan Chase & Co., a prominent financial institution. My complaint pertains to misleading practices surrounding their credit card locking feature, which has led to unauthorized transactions being processed despite the supposed security measure in place.\n\nAs a responsible consumer, I have taken proactive steps to safeguard my financial accounts by utilizing JP Morgan Chase & Co. 's credit card locking feature through both their mobile application and web browser interface. This feature, as advertised, is purported to prevent any transactions from occurring on the locked credit card, providing peace of mind to customers like myself. \n\nHowever, it has come to my attention that JP Morgan Chase & Co. has been disregarding the lock status set by customers and allowing certain transactions to bypass this security measure under the classification of \" recurring transactions. '' Despite my explicit instructions to lock my credit card, unauthorized charges labeled as recurring have been processed without my consent, leading to unnecessary financial strain and frustration.\n\nThis deceptive practice not only undermines the trust between consumers and financial institutions but also poses a significant risk to the financial well-being of customers. By falsely representing the effectiveness of their credit card locking feature, JP Morgan Chase & Co. is failing to fulfill their obligation to provide reliable and secure banking services to their clients.\n\nFurthermore, this issue extends beyond a mere inconvenience ; it raises serious concerns regarding consumer protection and financial security. Customers should be able to rely on the features and safeguards implemented by their bank to protect against fraudulent activities and unauthorized transactions. The blatant disregard for the lock status set by customers is not only unacceptable but also constitutes a breach of trust.\n\nIn light of these troubling practices, I urge the Consumer Financial Protection Bureau to investigate this matter thoroughly and take appropriate action to hold JP Morgan Chase & Co. accountable for their misleading practices. Additionally, I request that measures be implemented to ensure that the credit card locking feature functions as advertised, providing customers with the security and peace of mind they deserve. \n\nThank you for your attention to this matter. I trust that the Consumer Financial Protection Bureau will take swift and decisive action to address this issue and uphold the rights and interests of consumers.","date_sent_to_company":"2024-02-28T05:13:33.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"39110","tags":null,"has_narrative":true,"complaint_id":"8428461","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2024-02-28T05:08:12.000Z","state":"MS","company_public_response":null,"sub_issue":"Card was charged for something you did not purchase with the card"},"highlight":{"complaint_what_happened":["However, it has come to my attention that JP Morgan Chase & Co. has <em>been</em> disregarding the lock status set by customers and allowing certain transactions to bypass this <em>security</em> measure under the classification of \" recurring transactions. '' Despite my explicit instructions to lock my credit card, unauthorized charges labeled as recurring <em>have</em> <em>been</em> processed without my consent, leading to unnecessary financial strain and frustration."]},"sort":[22.50372,"8428461"]},{"_index":"complaint-public-v1","_id":"5720481","_score":19.800821,"_source":{"product":"Checking or savings account","complaint_what_happened":"For over a year now Ive been asking the Truist Financial Corporation why the bank is not using Two Factor Authentication ( 2FA, ) for access their Web Online services. After repeated inquiries for an answer the Banks IT security department has ignored my requests. My hope was that this security feature would have been implemented as part of the merger with BB & T in XXXX however it was not!! I don't believe Truist taking its customers online security seriously and would like the bank to step up and enact the 2FA for Web Online Access to their services. Left frustrated with the Banks lack of concern for its Web Online customers Im requesting the Federal Financial Institutions Examination Council ( FFIEC ) investigate the Truist Financial Corporations Online Authentication and Access Risk Management policies. If the management of all the banks security policies ( especially Web Access ) are found to be inadequate, I would like to see the Consumer Financial Protection Bureau ( CFPB ) take immediately action to have Bank address them in a timely manner Thank you for your consideration","date_sent_to_company":"2022-06-28T15:40:30.000Z","issue":"Managing an account","sub_product":"Other banking product or service","zip_code":"27284","tags":"Older American","has_narrative":true,"complaint_id":"5720481","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2022-06-28T15:28:29.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Problem accessing account"},"highlight":{"complaint_what_happened":["For over a year now Ive <em>been</em> asking the Truist Financial Corporation why the bank is not using Two Factor Authentication ( 2FA, ) for access their Web Online services. After repeated inquiries for an answer the Banks IT <em>security</em> department has ignored my requests. My hope was that this <em>security</em> <em>feature</em> would <em>have</em> <em>been</em> <em>implemented</em> as part of the merger with BB & T in XXXX however it was not!!"]},"sort":[19.800821,"5720481"]},{"_index":"complaint-public-v1","_id":"6460073","_score":14.99627,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On my credit report from XXXX is an inquiry from Capital One. I did not make this inquiry and XXXX has not removed it! I did complete an ID Theft affidavit and all they say is its being investigated.18 U.S. Code 1028 This is too long for an item to be investigated it is now XXXX and is still on my report! \nAccording to 18 U.S. Code 1028 says - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.\n\n( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section. \n( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. \n( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.\n\n( f ) Attempt and Conspiracy.\n\nAny person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.\n\n( g ) Forfeiture Procedures.\n\nThe forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).\n\n( h ) Forfeiture ; Disposition.\n\nIn the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.\n\n( i ) Rule of Construction.\n\nFor purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification. \nI did not create this inquiry and when I contacted XXXX WITH THE ID THEFT AFFIDAVIT FORM not ONLY should it have been REMOVED! The credit bureau should have invoked 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.and 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. \n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).","date_sent_to_company":"2023-01-19T18:02:21.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33604","tags":null,"has_narrative":true,"complaint_id":"6460073","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-01-19T18:02:13.000Z","state":"FL","company_public_response":null,"sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["I did not create this inquiry and when I contacted XXXX WITH THE ID THEFT AFFIDAVIT FORM not ONLY should it <em>have</em> <em>been</em> REMOVED! The credit bureau should <em>have</em> invoked 15 U.S."]},"sort":[14.99627,"6460073"]},{"_index":"complaint-public-v1","_id":"6460029","_score":14.99627,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On my credit report from Transunion is an inquiry from XXXX XXXX. I did not make this inquiry and Transunion has not removed it! I did complete an ID Theft affidavit and all they say is its being investigated.18 U.S. Code 1028 This is too long for an item to be investigated it is now XXXX  and is still on my report!\n\nAccording to 18 U.S. Code 1028 says - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.\n\n( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.\n\n( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.\n\n( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.\n\n( f ) Attempt and Conspiracy.\n\nAny person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.\n\n( g ) Forfeiture Procedures.\n\nThe forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).\n\n( h ) Forfeiture ; Disposition.\n\nIn the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.\n\n( i ) Rule of Construction.\n\nFor purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.\n\nI did not create this inquiry and when I contacted Transunion WITH THE ID THEFT AFFIDAVIT FORM not ONLY should it have been REMOVED! The credit bureau should have invoked 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.and 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. \n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).","date_sent_to_company":"2023-01-19T18:02:06.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33604","tags":null,"has_narrative":true,"complaint_id":"6460029","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-01-19T16:30:32.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["I did not create this inquiry and when I contacted Transunion WITH THE ID THEFT AFFIDAVIT FORM not ONLY should it <em>have</em> <em>been</em> REMOVED! The credit bureau should <em>have</em> invoked 15 U.S."]},"sort":[14.99627,"6460029"]},{"_index":"complaint-public-v1","_id":"6985395","_score":14.991294,"_source":{"product":"Debt collection","complaint_what_happened":"I have sent a certified notarized notice regarding debt validation and proof of claim since I found that the company has committed security fraud and filed inaccurate forms to the IRS. I advise the company to attach the appropriate forms and paperwork back to me along with an Affidavit signed In Accordance with the with U.S. Code Title 28 1746 ( Unsworn declarations under penalty of perjury ) within 30 days from the date of your receipt of this request for validation and proof of claim, which they refused to do and refused to abide by federal law. They have to prove that this debt has not already been discharged and paid to them. All contracts by law has to have a wet signature singed by both parties or is null and void which they have not supplied as well. I received an unsigned letter from the company advising that they will not abide by any and all federal laws and continue to commit security fraud without showing proof of debt owed by sending the following information to me : 1. Alleged Name and Address of Creditor : 2. Name on file of Alleged Debtor : 3. Alleged Account # : 4. Amount of Alleged debt : 5. Date that this Alleged debt became/becomes payable : 6. Date of original charge amount or delinquency : 7. Amount paid if debt was purchased : 8. Attach a copy of any signed agreement alleged debtor/Claimant has made with debt collector : 9. Furnish a copy of the original promissory note/agreement redacting my social security number to prevent identity theft and state that your client named above is the holder in due course of the note agreement and will produce the original for my own and a judges inspection should there be a trial to contest these matters : 10. Produce the account and general ledger statement showing the full accounting of the Alleged obligation that you are now attempting collect. Such as ; FR 2046 balance sheet ( OMB # s 2046, 2049m 2099 ), 1099 OID report, S-314 registration statement, 424-85 Prospectus, RC-5 & RC-B call schedules : 11. Identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the Alleged debt : 12. Verified specifically, name ( s ) of person ( s ) assigned as Trustee to handle Corporation affairs and to be held accountable for the actions of the Corporation. Such as CFO and subordinates responsible for debt collections : 13. Verify as a third-party debt collector ; you have not purchased evidence of the Alleged debt and are proceeding with collection activity in the name of the original maker of the note : 14. Verify you know and understand that certain clauses in a contract of adhesion, such as a so-called forum selection clause, are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity : 15. Provide verification from the stated creditor that you are authorized to act on their behalf : 16. Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment is a violation of U.S. Code Title 18 1341 Part 1 Chapter 63 Per the following Federal Laws they must comply with my request : Fair Debt Collection Practices Act ( FDCPA ), Title 15 United States ( U.S. ) Code 1692 and as amended by adding the following new Title 8 U.S. Code 802 et seq., 15 U.S. Code 1692 - Congressional findings and declaration of purpose ( a ) ABUSIVE PRACTICES There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.\n\n( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.\n\n15 U.S. Code 1692c - Communication in connection with debt collection ( a ) COMMUNICATION WITH THE CONSUMER GENERALLY Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( b ) COMMUNICATION WITH THIRD PARTIES Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. \n( c ) CEASING COMMUNICATIONIf a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, 15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. \n\n15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692g - Validation of debts ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.\n\n15 U.S. Code 1692j - Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n18 U.S. Code 2071 - Concealment, removal, or mutilation generally Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both. \nWhoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both ; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this subsection, the term office does not include the office held by any person as a retired officer of the Armed Forces of the United States.\n\n18 U.S. Code 2073 - False entries and reports of moneys or securities Whoever, being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of keeping accounts or records of any kind, with intent to deceive, mislead, injure, or defraud, makes in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties; or Whoever, being an XXXX, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, with like intent, makes a false report of such moneys or securities Shall be fined under this title or imprisoned not more than ten years, or both.\n\n18 U.S. Code Chapter 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ( 1 ) racketeering activity means ( A ) any act or threat involving murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter, or dealing in a controlled substance or listed chemical, sections 471, 472, and 473 ( relating to counterfeiting ), sections 891894 ( relating to extortionate credit transactions ), section 1028 ( relating to fraud and related activity in connection with identification documents ), section 1344 ( relating to financial institution fraud ), section 1956 ( relating to the laundering of monetary instruments ) 18 U.S. Code 471 - Obligations or securities of United States Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.\n\n18 U.S. Code 472 - Uttering counterfeit obligations or securities Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both.\n\n18 U.S. Code 473- Dealing in counterfeit obligations or securities Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both.\n\n18 U.S. Code 513 - Securities of the States and private entities ( a ) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title [ 1 ] or imprisoned for not more than ten years, or both.\n\n( b ) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.\n\n18 U.S. Code Chapter 47 - FRAUD AND FALSE STATEMENTS 18 U.S. Code 1005 - Bank entries, reports and transactions Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such bank, company, branch, agency, or organization, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or any agent or examiner appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Reserve System ; or Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, participates or shares in or receives ( directly or indirectly ) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution Shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both.\n\n18 U.S. Code 1028 - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n18 U.S. Code Chapter 63 - MAIL FRAUD AND OTHER FRAUD OFFENSES Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both.\n\n18 U.S. Code 1342- Fictitious name or address Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.","date_sent_to_company":"2023-05-16T18:27:54.000Z","issue":"Attempts to collect debt not owed","sub_product":"Other debt","zip_code":"079XX","tags":null,"has_narrative":true,"complaint_id":"6985395","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"OneMain Finance Corporation","date_received":"2023-05-16T17:02:12.000Z","state":"NJ","company_public_response":null,"sub_issue":"Debt was already discharged in bankruptcy and is no longer owed"},"highlight":{"complaint_what_happened":["<em>feature</em> be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making <em>implement</em> or authentication <em>feature</em> with the intent such document-making <em>implement</em> or authentication <em>feature</em> will be used in the production of a false identification document or another document-making <em>implement</em> or authentication <em>feature</em> which will be so used ; ( 6 ) knowingly possesses an identification document or authentication <em>feature</em> that is or appears to be an identification document"]},"sort":[14.991294,"6985395"]},{"_index":"complaint-public-v1","_id":"11005371","_score":13.686044,"_source":{"product":"Debt collection","complaint_what_happened":"From the desk of : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX, XX/XX/XXXX To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Re : My account with Social Security Number XXXX Notice to agent ( s ) is notice to principal ( s ). Notice to principal ( s ) is notice to agent ( s ).\n\nTo Whom It May Concern : You are breaking multiple laws in regard to my consumer report.\n\nThe following correspondence is not a request for validation or verification in any way. It is a demand for you to follow the laws that the U.S. Congress has set forth.\n\nSECTION I - Privacy, Permissible Purpose, & Lack of Notice Laws 1.Privacy I, XXXX XXXX XXXX never gave ( XXXX, XXXX, or XXXX ) any verbal or written consent to report anything on my consumer report. This lack of consent means that you are breaking the law.\n\nThe laws state : 15 USC 1681 Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\nPlease take note that Congress has referred to my privacy as a RIGHT. This does not mean that it is a privilege, something that I must hope for, or something that I must appeal to anyone to receive. A right is given 100 % of the time, automatically.\n\nI do not have a contract with yourself or any other consumer reporting agency. If a contract exists in which I gave you permission to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately exclude reporting any and all accounts, or details of accounts, that I address in this letter on my consumer report.\n\nI fully understand that while you represent yourself as a Bureau and have misled the masses to believe that you are thus a form of a government agency which may entitle you to sensitive information, that you are in fact a private corporation with no right whatsoever to my private personal information. I have not agreed to allow you to possess, let alone share, my personal and private information with anyone, ever.\n\nWhat you are doing is in clear and plain fact, identity theft.\n\n12 CFR 1022.3 Definitions ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority.\n\n( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( 1 ) Name, social security number, date of birth, official state or government issued driver 's license or identification number 18 USC 1028A ( a ) ( 1 ) Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.\n\nHow did you get my information from a furnisher if you did not use a means of identifying me?\n\nHow do you share my information?\n\n-You do both illegally. You never had lawful authority to use any of my identifying information to collect my personal and private information and associate it with my consumer report. You then, to use the exact verbiage included in the law, knowingly transferred, possessed, and used it.\n\nAt this time, I do not wish to open an identity theft case. I demand that you simply correct your criminal behavior per my instructions.\n\n2.Permissible Purpose Moreover, you do not have permissible purpose to furnish any of my personal information to a third party without my written consent / instructions.\n\n( from the Fair Credit Reporting Act ) 15 USC 1681b Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\nDid I give you written instructions to furnish the accounts listed below on my consumer report?\n\n-No. I most certainly did not.\n\nIf a contract exists in which I gave you permissible purpose to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report.\n\nFurthermore, please consider this letter official legal notice that my written instructions are to immediately follow the written demands that I outline in Section II of this letter on my consumer report.\n\n3.Lack of Notice I was not given any of the notices REQUIRED by law BEFORE you furnished any of my personal information to a third party.\n\n( from the Gramm-Leach-Bliley Act ) 15 USC 6802 Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\nDid you provide me with any notice that you were going to furnish the accounts listed below on my consumer report?\n\n-No. You most certainly did not.\n\n15 USC 6802 ( continued ) ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; Did you disclose to me anything that pertains to 15 USC 6802 ( b ) ( 1 ) ( A )?\n\n-No. You most certainly did not.\n\n( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and Did you give me any opportunity to withhold disclosure as mentioned in 15 USC 6802 ( b ) ( 1 ) ( B )?\n\n-No. You most certainly did not.\n\n( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\nDid you give me any explanation of my nondisclosure option as mentioned in 15 USC 6802 ( b ) ( 1 ) ( C )?\n\n-No. You most certainly did not.\n\nIf a document exists in which you gave me clear and conspicuous notice of any of the above, I demand that you produce it to me within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report.\n\nRegardless, at this time I clearly and conspicuously opt-out, and choose that you will not disclose any and all accounts, or details of accounts as per my written instructions, that I address in Section II of this letter on my consumer report.\n\nSECTION II - Remedy List of information that I legally demand to have removed from my consumer report : By my written instructions, I demand deletion of the following personal information from my consumer report : My name is XXXX XXXX, the names below have no association with me : XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX My current address is XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX. The addresses below have no association with me : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Delete all employers : XXXX XXXX XXXX XXXX XXXX XXXX By my written instructions, I demand deletion of the following accounts in total from my consumer report : LVNV FUNDING LLC Acct # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX DEPT OF EDXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  US DEPT OF HOUSING ACCT XXXX XXXX XXXX Original Creditor : XXXX XXXX XXXX XXXXXXXX XXXX  By my written instructions, I also demand deletion of the following inquiries from my consumer report : XXXX XXXX XX/XX/XXXX XXXX, XXXX XXXX XXXX XX/XX/XXXX XXXX, XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX BANK XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PUBLIC RECORD This is not my debt and was disputed with XXXX and removed from their database. I have sent all three bureaus the letter and demand deletion off my XXXX Acct, it is not showing on XXXX and XXXX and is in violation of FCRA 15 USC 1681 ( a ) ( 1 ) ( A ) ( B ) Duty of Furnishers of Information To Provide Accurate Information BANKRUPTCY XXXX XXXX - DISMISSED Filed on XX/XX/XXXX Reference number : XXXX XXXX : XXXX XXXX XXXX XXXXXXXX  Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that have been made.\n\nFailure to respond satisfactorily with deletion of the above referenced account ( s ) and/or data will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX XXXX  ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\nSECTION III - Additional Issues 1. Late Payments While reviewing my consumer report, I noticed that several accounts are illegally reported as late / delinquent. Regarding any delinquent / late payments on my consumer report : ( from the Fair Credit Reporting Act ) 15 USC 1681a Definitions and rules of construction ( d ) Consumer report ( 2 ) Exclusions Except as provided in paragraph ( 3 ), the term consumer report does not include- ( A ) Subject to section 1681s-3 of this title, any- ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report A late payment is a description of a transaction or experience between myself and the furnisher, which is very clearly EXCLUDED from appearing on a consumer report.\n\n* Please note that Section I - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law.\n\n* Please note that for all of these reasons, I demand that from the date that you receive this correspondence forth into eternity, that you do not report any late payments, on any existing accounts or any new accounts that may arise in the future, on my consumer report.\n\nBy my written instructions, I demand the deletion of any and all references to the following delinquent / late payment ( s ) from my consumer report : I specifically instruct you NOT to remove the entire account, but to only delete any and all references to payments being delinquent / late. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Following correction of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with correction of the above referenced account ( s ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my, credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\n2. Further law regarding charge offs While reviewing my consumer report, I noticed that several accounts are reported as charged off.\n\nRegarding any accounts listed as charged off on my consumer report : By definition, the IRS clearly defines a canceled debt / charge off as GROSS or ORDINARY INCOME.\n\nA Form 1099-C is fiIed when creditors cancel/ charge off debt.\n\nOn the IRS website, ( at https : //apps.irs.govXXXX? XXXX ), regarding Form 1099-C, it states that Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt. It goes on to say that, Generally, an individual taxpayer must include all canceled amounts on the \" Other Income '' line of Form 1040.\n\nOn www.experian.com, the website of one of the Big 3 consumer reporting agencies, an article can be found which is titled, Does Your Income Appear on Your Credit Reports? from XX/XX/XXXX, by XXXX XXXX. One does not have to read beyond the first 8 words of the article to find that XXXX concludes that, Income is not part of your credit report.\n\nIf the IRS regards the cancellation of debt / charge offs as income, and income is NOT reported on the consumer report, why are charge offs listed on my report?\n\n-They can't be. You are reporting incorrect and inaccurate information on my consumer report and are in violation of : 15 USC 1681e Compliance procedures ( 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* Please note that Section I - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law.\n\nAlthough already listed in Section II, by my written instructions the following are the charge off accounts that I further legally demand to have deleted from my consumer report : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Following deletion of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made.\n\nFailure to respond satisfactorily with deletion of the above referenced account ( s ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\nThank you for your prompt attention to these matters.\n\nSincerely, ______________________________ Name Enclosed : copy of State ID ( front and back ) and a bill for proof of address Attachment A 18 USC 1028 - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.\n\n( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.\n\n( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.\n\n( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.\n\n( f ) Attempt and Conspiracy.\n\nAny person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.\n\n( g ) Forfeiture Procedures.\n\nThe forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).\n\n( h ) Forfeiture ; Disposition.\n\nIn the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.\n\n( i ) Rule of Construction.\n\nFor purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.\n\n18 USC 1028A - Aggravated identity theft ( a ) Offenses.\n\n( 1 ) In general.\n\nWhoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.\n\n( 2 ) Terrorism offense.\n\nWhoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\n( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.\n\n( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the a","date_sent_to_company":"2024-12-04T00:19:56.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"20745","tags":null,"has_narrative":true,"complaint_id":"11005371","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2024-12-03T23:58:18.000Z","state":"MD","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["issued lawfully for the use of the possessor ), authentication <em>feature</em>, or a false identification document, with the intent such document or <em>feature</em> be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making <em>implement</em> or authentication <em>feature</em> with the intent such document-making <em>implement</em> or authentication <em>feature</em> will be used in the production of a false identification document or another document-making <em>implement</em> or authentication <em>feature</em> which will"]},"sort":[13.686044,"11005371"]},{"_index":"complaint-public-v1","_id":"11004786","_score":13.629827,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"From the desk of : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX My account with Social Security XXXX XXXX Notice to agent ( s ) is notice to principal ( s ). Notice to principal ( s ) is notice to agent ( s ).\n\nTo Whom It May Concern : You are breaking multiple laws in regard to my consumer report.\n\nThe following correspondence is not a request for validation or verification in any way. It is a demand for you to follow the laws that the U.S. Congress has set forth. \n\n\n\n\n\n\n\n\nSECTION I - Privacy, Permissible Purpose, & Lack of Notice Laws 1.Privacy I, XXXX XXXX XXXX never gave ( XXXX, Experian, or XXXX ) any verbal or written consent to report anything on my consumer report. This lack of consent means that you are breaking the law.\n\nThe laws state : 15 USC 1681 Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. \n\nPlease take note that Congress has referred to my privacy as a RIGHT. This does not mean that it is a privilege, something that I must hope for, or something that I must appeal to anyone to receive. A right is given 100 % of the time, automatically.\n\nI do not have a contract with yourself or any other consumer reporting agency. If a contract exists in which I gave you permission to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately exclude reporting any and all accounts, or details of accounts, that I address in this letter on my consumer report.\n\nI fully understand that while you represent yourself as a Bureau and have misled the masses to believe that you are thus a form of a government agency which may entitle you to sensitive information, that you are in fact a private corporation with no right whatsoever to my private personal information. I have not agreed to allow you to possess, let alone share, my personal and private information with anyone, ever.\n\nWhat you are doing is in clear and plain fact, identity theft.\n\n12 CFR 1022.3 Definitions ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority.\n\n( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( 1 ) Name, social security number, date of birth, official state or government issued driver 's license or identification number 18 USC 1028A ( a ) ( 1 ) Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.\n\nHow did you get my information from a furnisher if you did not use a means of identifying me?\n\nHow do you share my information?\n\n-You do both illegally. You never had lawful authority to use any of my identifying information to collect my personal and private information and associate it with my consumer report. You then, to use the exact verbiage included in the law, knowingly transferred, possessed, and used it.\n\nAt this time, I do not wish to open an identity theft case. I demand that you simply correct your criminal behavior per my instructions.\n\n2.Permissible Purpose Moreover, you do not have permissible purpose to furnish any of my personal information to a third party without my written consent / instructions.\n\n( from the Fair Credit Reporting Act ) 15 USC 1681b Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\nDid I give you written instructions to furnish the accounts listed below on my consumer report?\n\n-No. I most certainly did not.\n\nIf a contract exists in which I gave you permissible purpose to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report.\n\nFurthermore, please consider this letter official legal notice that my written instructions are to immediately follow the written demands that I outline in Section II of this letter on my consumer report.\n\n3.Lack of Notice I was not given any of the notices REQUIRED by law BEFORE you furnished any of my personal information to a third party.\n\n( from the Gramm-Leach-Bliley Act ) 15 USC 6802 Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\nDid you provide me with any notice that you were going to furnish the accounts listed below on my consumer report?\n\n-No. You most certainly did not.\n\n15 USC 6802 ( continued ) ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; Did you disclose to me anything that pertains to 15 USC 6802 ( b ) ( 1 ) ( A )?\n\n-No. You most certainly did not.\n\n( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and Did you give me any opportunity to withhold disclosure as mentioned in 15 USC 6802 ( b ) ( 1 ) ( B )?\n\n-No. You most certainly did not.\n\n( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\nDid you give me any explanation of my nondisclosure option as mentioned in 15 USC 6802 ( b ) ( 1 ) ( C )?\n\n-No. You most certainly did not.\n\nIf a document exists in which you gave me clear and conspicuous notice of any of the above, I demand that you produce it to me within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report.\n\nRegardless, at this time I clearly and conspicuously opt-out, and choose that you will not disclose any and all accounts, or details of accounts as per my written instructions, that I address in Section II of this letter on my consumer report.\n\nSECTION II - Remedy List of information that I legally demand to have removed from my consumer report : By my written instructions, I demand deletion of the following personal information from my consumer report : My name is XXXX XXXX the names below have no association with me XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX My current address is XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The addresses below have no association with me : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Delete all employers : XXXX XXXX XXXX XXXX XXXX XXXXXXXX By my written instructions, I demand deletion of the following accounts in total from my consumer report : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) By my written instructions, I also demand deletion of the following inquiries from my consumer report : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  This is not my debt and was disputed with XXXX and removed from their database. I have sent all three bureaus the letter and demand deletion off my Experian Acct, it is not showing on XXXX and XXXX and is in violation of FCRA 15 USC 1681 ( a ) ( 1 ) ( A ) ( B ) Duty of Furnishers of Information To Provide Accurate Information BANKRUPTCY XXXX XXXX - DISMISSED Filed on XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with deletion of the above referenced account ( XXXX ) and/or data will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\nSECTION III - Additional Issues 1. Late Payments While reviewing my consumer report, I noticed that several accounts are illegally reported as late / delinquent. Regarding any delinquent / late payments on my consumer report : ( from the Fair Credit Reporting Act ) 15 USC 1681a Definitions and rules of construction ( d ) Consumer report ( 2 ) Exclusions Except as provided in paragraph ( 3 ), the term consumer report does not include- ( A ) Subject to section 1681s-3 of this title, any- ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report A late payment is a description of a transaction or experience between myself and the furnisher, which is very clearly EXCLUDED from appearing on a consumer report.\n\n* Please note that Section I - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law.\n\n* Please note that for all of these reasons, I demand that from the date that you receive this correspondence forth into eternity, that you do not report any late payments, on any existing accounts or any new accounts that may arise in the future, on my consumer report.\n\nBy my written instructions, I demand the deletion of any and all references to the following delinquent / late payment ( s ) from my consumer report : I specifically instruct you NOT to remove the entire account, but to only delete any and all references to payments being delinquent / late. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX EXPERIAN, XXXX, XXXX Following correction of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with correction of the above referenced account ( XXXX ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per XXXX. ). You have damaged my, credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\n2. Further law regarding charge offs While reviewing my consumer report, I noticed that several accounts are reported as charged off.\n\nRegarding any accounts listed as charged off on my consumer report : By definition, the IRS clearly defines a canceled debt / charge off as GROSS or ORDINARY INCOME. \n\nA Form 1099-C is fiIed when creditors cancel/ charge off debt. \n\nOn the IRS website, ( at XXXXXXXX XXXX XXXX XXXX XXXX regarding Form 1099-C, it states that Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt. It goes on to say that, Generally, an individual taxpayer must include all canceled amounts on the \" Other Income '' line of Form 1040. \n\nOn www.experian.com, the website of XXXX of the Big XXXX consumer reporting agencies, an article can be found which is titled, Does Your Income Appear on Your Credit Reports? from XX/XX/XXXX, by XXXX XXXX. One does not have to read beyond the first XXXX words of the article to find that Experian concludes that, Income is not part of your credit report.\n\nIf the IRS regards the cancellation of debt / charge offs as income, and income is NOT reported on the consumer report, why are charge offs listed on my report?\n\n-They can't be. You are reporting incorrect and inaccurate information on my consumer report and are in violation of : 15 USC 1681e Compliance procedures ( 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* Please note that Section XXXX - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law. \n\n\nAlthough already listed in Section XXXX, by my written instructions the following are the charge off accounts that I further legally demand to have deleted from my consumer report : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX EXPERIAN Following deletion of XXXX accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with deletion of the above referenced account ( XXXX ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per XXXX. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\nThank you for your prompt attention to these matters.\n\nSincerely, ______________________________ Name Enclosed : copy of State ID ( front and back ) and a bill for proof of address Attachment A 18 USC 1028 - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( XXXX ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( XXXX ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.\n\n( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.\n\n( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( XXXX ) the term State includes any State of the United States, the District of Columbia, the XXXX of XXXX XXXX XXXX and any XXXX XXXX XXXX possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.\n\n( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.\n\n( f ) Attempt and Conspiracy.\n\nAny person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.\n\n( g ) Forfeiture Procedures.\n\nThe forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).\n\n( h ) Forfeiture ; Disposition.\n\nIn the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.\n\n( i ) Rule of Construction.\n\nFor purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.\n\n18 USC 1028A - Aggravated identity theft ( a ) Offenses.\n\n( 1 ) In general.\n\nWhoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. \n( XXXX ) XXXX offense. \nWhoever, during and in relation to any felony violation enumerated in section XXXX ( g ) ( XXXX ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. \n( b ) Consecutive Sentence.Notwithstanding any other provision of law ( XXXX ) a court shall not place on probation any person convicted of a violation of this section ; ( XXXX ) except as provided in paragraph ( XXXX ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( XXXX ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( XXXX ) a term of imprisonment imposed on a person for a violation of this section XXXX, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the XXXX XXXX pursuant to section 994 of title 28.\n\n( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the a","date_sent_to_company":"2024-12-04T00:53:29.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"20748","tags":null,"has_narrative":true,"complaint_id":"11004786","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-12-04T00:21:34.000Z","state":"MD","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":["<em>been</em> made."]},"sort":[13.629827,"11004786"]},{"_index":"complaint-public-v1","_id":"11004544","_score":13.626411,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"From the desk of : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX, XX/XX/XXXX To : TransUnion XXXX XXXX XXXX XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX XXXX : My account with Social Security XXXX XXXX Notice to agent ( s ) is notice to principal ( s ). Notice to principal ( s ) is notice to agent ( s ).\n\nTo Whom It May Concern : You are breaking multiple laws in regard to my consumer report. \n\n\n\nThe following correspondence is not a request for validation or verification in any way. It is a demand for you to follow the laws that the U.S. Congress has set forth. \n\n\n\n\n\n\n\n\nSECTION I - Privacy, Permissible Purpose, & Lack of Notice Laws 1.Privacy I, XXXX XXXX XXXX never gave ( XXXX, XXXX, or TransUnion ) any verbal or written consent to report anything on my consumer report. This lack of consent means that you are breaking the law. \n\nThe laws state : 15 USC 1681 Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\nPlease take note that Congress has referred to my privacy as a RIGHT. This does not mean that it is a privilege, something that I must hope for, or something that I must appeal to anyone to receive. A right is given 100 % of the time, automatically. \n\nI do not have a contract with yourself or any other consumer reporting agency. If a contract exists in which I gave you permission to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately exclude reporting any and all accounts, or details of accounts, that I address in this letter on my consumer report. \n\nI fully understand that while you represent yourself as a Bureau and have misled the masses to believe that you are thus a form of a government agency which may entitle you to sensitive information, that you are in fact a private corporation with no right whatsoever to my private personal information. I have not agreed to allow you to possess, let alone share, my personal and private information with anyone, ever. \n\nWhat you are doing is in clear and plain fact, identity theft. \n\n12 CFR 1022.3 Definitions ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority.\n\n( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( 1 ) Name, social security number, date of birth, official state or government issued driver 's license or identification number 18 USC 1028A ( a ) ( 1 ) Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. \n\n\nHow did you get my information from a furnisher if you did not use a means of identifying me? \nHow do you share my information? \n-You do both illegally. You never had lawful authority to use any of my identifying information to collect my personal and private information and associate it with my consumer report. You then, to use the exact verbiage included in the law, knowingly transferred, possessed, and used it. \n\nAt this time, I do not wish to open an identity theft case. I demand that you simply correct your criminal behavior per my instructions. \n\n\n2.Permissible Purpose Moreover, you do not have permissible purpose to furnish any of my personal information to a third party without my written consent / instructions.\n\n( from the Fair Credit Reporting Act ) 15 USC 1681b Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. \n\nDid I give you written instructions to furnish the accounts listed below on my consumer report? \n-No. I most certainly did not. \n\nIf a contract exists in which I gave you permissible purpose to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section XXXX of this letter on my consumer report. \n\nFurthermore, please consider this letter official legal notice that my written instructions are to immediately follow the written demands that I outline in Section XXXX of this letter on my consumer report. \n\n\n3.Lack of Notice I was not given any of the notices REQUIRED by law BEFORE you furnished any of my personal information to a third party.\n\n( from the Gramm-Leach-Bliley Act ) 15 USC 6802 Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. \n\nDid you provide me with any notice that you were going to furnish the accounts listed below on my consumer report? \n-No. You most certainly did not.\n\n15 USC 6802 ( continued ) ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; Did you disclose to me anything that pertains to 15 USC 6802 ( b ) ( 1 ) ( A )?\n\n-No. You most certainly did not.\n\n( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and Did you give me any opportunity to withhold disclosure as mentioned in 15 USC 6802 ( b ) ( 1 ) ( B )? \n-No. You most certainly did not. \n\n( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. \n\nDid you give me any explanation of my nondisclosure option as mentioned in 15 USC 6802 ( b ) ( 1 ) ( C )?\n\n-No. You most certainly did not.\n\nIf a document exists in which you gave me clear and conspicuous notice of any of the above, I demand that you produce it to me within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report.\n\nRegardless, at this time I clearly and conspicuously opt-out, and choose that you will not disclose any and all accounts, or details of accounts as per my written instructions, that I address in Section II of this letter on my consumer report.\n\nSECTION II - Remedy List of information that I legally demand to have removed from my consumer report : By my written instructions, I demand deletion of the following personal information from my consumer report : My name is XXXX XXXX, the names below have no association with me : XXXX XXXX XXXX TransUnion, XXXX, XXXX XXXX XXXX Transunion, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX Transunion XXXX XXXX XXXX My current address is XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX. The addresses below have no association with me : XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Md XXXX XXXX, XXXX XXXX XXXX Wy, XXXX, MD XXXX Transunion XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, MD XXXX Transunion Delete all employers : XXXX XXXX XXXX XXXX XXXX XXXX By my written instructions, I demand deletion of the following accounts in total from my consumer report : XXXX XXXX XXXX Acct # XXXX XXXX, Transunion, XXXX XXXX XXXX XXXX Acct XXXX XXXX XXXX, XXXX, TRANSUNION XXXX XXXX XXXX ACCT # XXXX XXXX, Transunion, XXXX XXXX ACCT # XXXX XXXX, XXXX, TRANSUNION XXXX XXXX XXXX XXXX ACCT XXXX XXXX XXXX Original Creditor : XXXX XXXX XXXX XXXX. ) By my written instructions, I also demand deletion of the following inquiries from my consumer report : XXXX XXXX XX/XX/XXXX Transunion, XXXX XXXX XXXX XX/XX/XXXX Transunion, XXXX XXXX XX/XX/XXXX Transunion XXXX XXXX XX/XX/XXXX TransUnion XXXX XXXX XXXX  XXXX XX/XX/XXXX Transunion XXXX XXXX XXXX XXXX XXXX  XXXX XX/XX/XXXX XXXX XXXX XXXX This is not my debt and was disputed with XXXX and removed from their database. I have sent all three bureaus the letter and demand deletion off my XXXX Acct, it is not showing on XXXX and Transunion and is in violation of FCRA 15 USC 1681 ( a ) ( 1 ) ( A ) ( B ) Duty of Furnishers of Information To Provide Accurate Information BANKRUPTCY XXXX  XXXX - DISMISSED Filed on XX/XX/XXXX Reference number : XXXX XXXX : XXXX XXXX XXXX  XXXX  Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with deletion of the above referenced account ( s ) and/or data will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\nSECTION III - Additional Issues 1. Late Payments While reviewing my consumer report, I noticed that several accounts are illegally reported as late / delinquent. Regarding any delinquent / late payments on my consumer report : ( from the Fair Credit Reporting Act ) 15 USC 1681a Definitions and rules of construction ( d ) Consumer report ( 2 ) Exclusions Except as provided in paragraph ( 3 ), the term consumer report does not include- ( A ) Subject to section 1681s-3 of this title, any- ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report A late payment is a description of a transaction or experience between myself and the furnisher, which is very clearly EXCLUDED from appearing on a consumer report. \n\n* Please note that Section XXXX - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law. \n\n* Please note that for all of these reasons, I demand that from the date that you receive this correspondence forth into eternity, that you do not report any late payments, on any existing accounts or any new accounts that may arise in the future, on my consumer report.\n\nBy my written instructions, I demand the deletion of any and all references to the following delinquent / late payment ( s ) from my consumer report : I specifically instruct you NOT to remove the entire account, but to only delete any and all references to payments being delinquent / late. \n\nXXXX XXXX XXXX XXXX ACCT # XXXX XXXX, TRANSUNION, XXXX Following correction of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with correction of the above referenced account ( XXXX ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my, credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\n2. Further law regarding charge offs While reviewing my consumer report, I noticed that several accounts are reported as charged off. \nRegarding any accounts listed as charged off on my consumer report : By definition, the IRS clearly defines a canceled debt / charge off as GROSS or ORDINARY INCOME. \n\nA Form 1099-C is fiIed when creditors cancel/ charge off debt. \n\nOn the IRS website, ( at XXXXXXXX XXXX XXXX XXXX ), regarding Form 1099-C, it states that Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt. It goes on to say that, Generally, an individual taxpayer must include all canceled amounts on the \" Other Income '' line of Form 1040. \n\nOn XXXX the website of one of the Big XXXX consumer reporting agencies, an article can be found which is titled, Does Your Income Appear on Your Credit Reports? from XX/XX/XXXX, by XXXX XXXX. One does not have to read beyond the first XXXX words of the article to find that XXXX concludes that, Income is not part of your credit report. \n\nIf the IRS regards the cancellation of debt / charge offs as income, and income is NOT reported on the consumer report, why are charge offs listed on my report? \n-They can't be. You are reporting incorrect and inaccurate information on my consumer report and are in violation of : 15 USC 1681e Compliance procedures ( 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* Please note that Section I - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law. \n\n\nAlthough already listed in Section XXXX, by my written instructions the following are the charge off accounts that I further legally demand to have deleted from my consumer report : XXXX ACCT # XXXX XXXX XXXX  XXXX ACCT # XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX  ACCT # XXXX XXXX XXXX ACCT # XXXX XXXX Following deletion of XXXX accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with deletion of the above referenced account ( s ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A. \n\n\n\n\n\n\nThank you for your prompt attention to these matters. \n\nSincerely, ______________________________ Name Enclosed : copy of State ID ( front and back ) and a bill for proof of address Attachment A 18 USC 1028 - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.\n\n( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.\n\n( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the XXXX of XXXX XXXX XXXX and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. \n( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.\n\n( f ) Attempt and Conspiracy.\n\nAny person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.\n\n( g ) Forfeiture Procedures.\n\nThe forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).\n\n( h ) Forfeiture ; Disposition.\n\nIn the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.\n\n( i ) Rule of Construction.\n\nFor purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.\n\n18 USC 1028A - Aggravated identity theft ( a ) Offenses.\n\n( 1 ) In general.\n\nWhoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.\n\n( 2 ) Terrorism offense.\n\nWhoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\n( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.\n\n( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the a","date_sent_to_company":"2024-12-04T00:53:41.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"20748","tags":null,"has_narrative":true,"complaint_id":"11004544","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-12-04T00:53:38.000Z","state":"MD","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":["issued lawfully for the use of the possessor ), authentication <em>feature</em>, or a false identification document, with the intent such document or <em>feature</em> be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making <em>implement</em> or authentication <em>feature</em> with the intent such document-making <em>implement</em> or authentication <em>feature</em> will be used in the production of a false identification document or another document-making <em>implement</em> or authentication <em>feature</em> which will"]},"sort":[13.626411,"11004544"]},{"_index":"complaint-public-v1","_id":"11004426","_score":13.626411,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"From the desk of : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX, XX/XX/XXXX To : XXXX XXXX XXXX XXXX XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Equifax Information Services LLC XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX XXXX : My account with Social Security XXXX XXXX Notice to agent ( s ) is notice to principal ( s ). Notice to principal ( s ) is notice to agent ( s ).\n\nTo Whom It May Concern : You are breaking multiple laws in regard to my consumer report.\n\nThe following correspondence is not a request for validation or verification in any way. It is a demand for you to follow the laws that the U.S. Congress has set forth.\n\nSECTION I - Privacy, Permissible Purpose, & Lack of Notice Laws 1.Privacy I, XXXX XXXX XXXX never gave ( Equifax, XXXX, or XXXX ) any verbal or written consent to report anything on my consumer report. This lack of consent means that you are breaking the law. \n\nThe laws state : 15 USC 1681 Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\nPlease take note that Congress has referred to my privacy as a RIGHT. This does not mean that it is a privilege, something that I must hope for, or something that I must appeal to anyone to receive. A right is given 100 % of the time, automatically. \n\nI do not have a contract with yourself or any other consumer reporting agency. If a contract exists in which I gave you permission to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately exclude reporting any and all accounts, or details of accounts, that I address in this letter on my consumer report. \n\nI fully understand that while you represent yourself as a Bureau and have misled the masses to believe that you are thus a form of a government agency which may entitle you to sensitive information, that you are in fact a private corporation with no right whatsoever to my private personal information. I have not agreed to allow you to possess, let alone share, my personal and private information with anyone, ever. \n\nWhat you are doing is in clear and plain fact, identity theft. \n\n12 CFR 1022.3 Definitions ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority.\n\n( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( 1 ) Name, social security number, date of birth, official state or government issued driver 's license or identification number 18 USC 1028A ( a ) ( 1 ) Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. \n\n\nHow did you get my information from a furnisher if you did not use a means of identifying me? \nHow do you share my information? \n-You do both illegally. You never had lawful authority to use any of my identifying information to collect my personal and private information and associate it with my consumer report. You then, to use the exact verbiage included in the law, knowingly transferred, possessed, and used it. \n\nAt this time, I do not wish to open an identity theft case. I demand that you simply correct your criminal behavior per my instructions. \n\n\n2.Permissible Purpose Moreover, you do not have permissible purpose to furnish any of my personal information to a third party without my written consent / instructions.\n\n( from the Fair Credit Reporting Act ) 15 USC 1681b Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. \n\nDid I give you written instructions to furnish the accounts listed below on my consumer report? \n-No. I most certainly did not. \n\nIf a contract exists in which I gave you permissible purpose to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section XXXX of this letter on my consumer report. \n\nFurthermore, please consider this letter official legal notice that my written instructions are to immediately follow the written demands that I outline in Section XXXX of this letter on my consumer report. \n\n\n3.Lack of Notice I was not given any of the notices REQUIRED by law BEFORE you furnished any of my personal information to a third party.\n\n( from the Gramm-Leach-Bliley Act ) 15 USC 6802 Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\nDid you provide me with any notice that you were going to furnish the accounts listed below on my consumer report? \n-No. You most certainly did not. \n\n15 USC 6802 ( continued ) ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; Did you disclose to me anything that pertains to 15 USC 6802 ( b ) ( 1 ) ( A )?\n\n-No. You most certainly did not.\n\n( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and Did you give me any opportunity to withhold disclosure as mentioned in 15 USC 6802 ( b ) ( 1 ) ( B )?\n\n-No. You most certainly did not.\n\n( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\nDid you give me any explanation of my nondisclosure option as mentioned in 15 USC 6802 ( b ) ( 1 ) ( C )?\n\n-No. You most certainly did not. \n\nIf a document exists in which you gave me clear and conspicuous notice of any of the above, I demand that you produce it to me within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report.\n\nRegardless, at this time I clearly and conspicuously opt-out, and choose that you will not disclose any and all accounts, or details of accounts as per my written instructions, that I address in Section II of this letter on my consumer report.\n\nSECTION II - Remedy List of information that I legally demand to have removed from my consumer report : By my written instructions, I demand deletion of the following personal information from my consumer report : My name is XXXX XXXX, the names below have no association with me : XXXX XXXX XXXX XXXX, Equifax, XXXX XXXX XXXX XXXX, Equifax, XXXX XXXX XXXX XXXX Equifax XXXX XXXX XXXX XXXX XXXX Equifax My current address is XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX. The addresses below have no association with me : XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Md XXXX XXXX, Equifax XXXX XXXX Wy, XXXX, MD XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, MD XXXX XXXX Delete all employers : XXXX XXXX Equifax XXXX XXXX Equifax By my written instructions, I demand deletion of the following accounts in total from my consumer report : XXXX XXXX XXXX Acct # XXXX XXXX, XXXX, Equifax XXXX XXXX XXXX Acct XXXX XXXX XXXX, Equifax, XXXX XXXX XXXX XXXX ACCT # XXXX XXXX, XXXX, Equifax XXXX ACCT # XXXX XXXX, EQUIFAX, XXXX XXXX XXXXXXXX XXXX XXXXXXXX ACCT XXXX XXXX XXXX Original Creditor : XXXX XXXX XXXX XXXX. ) By my written instructions, I also demand deletion of the following inquiries from my consumer report : XXXX XXXX XX/XX/XXXX XXXX, Equifax XXXX XXXX XX/XX/XXXX XXXX, Equifax XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX  XXXX XX/XX/XXXX XXXX XXXX Equifax XXXX XXXX XXXX  XXXX XX/XX/XXXX EQUIFAX XXXX XXXX This is not my debt and was disputed with XXXX and removed from their database. I have sent all three bureaus the letter and demand deletion off my XXXX Acct, it is not showing on Equifax and XXXX and is in violation of FCRA 15 USC 1681 ( a ) ( 1 ) ( A ) ( B ) Duty of Furnishers of Information To Provide Accurate Information BANKRUPTCY XXXX  XXXX - DISMISSED Filed on XX/XX/XXXX Reference number : XXXX XXXX : XXXX XXXX XXXX XXXX Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with deletion of the above referenced account ( s ) and/or data will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A. \n\n\n\n\n\n\nSECTION III - Additional Issues 1. Late Payments While reviewing my consumer report, I noticed that several accounts are illegally reported as late / delinquent. Regarding any delinquent / late payments on my consumer report : ( from the Fair Credit Reporting Act ) 15 USC 1681a Definitions and rules of construction ( d ) Consumer report ( 2 ) Exclusions Except as provided in paragraph ( 3 ), the term consumer report does not include- ( A ) Subject to section 1681s-3 of this title, any- ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report A late payment is a description of a transaction or experience between myself and the furnisher, which is very clearly EXCLUDED from appearing on a consumer report. \n\n* Please note that Section I - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law.\n\n* Please note that for all of these reasons, I demand that from the date that you receive this correspondence forth into eternity, that you do not report any late payments, on any existing accounts or any new accounts that may arise in the future, on my consumer report. \n\n\nBy my written instructions, I demand the deletion of any and all references to the following delinquent / late payment ( s ) from my consumer report : I specifically instruct you NOT to remove the entire account, but to only delete any and all references to payments being delinquent / late. \n\nXXXX XXXX XXXX XXXX ACCT # XXXX XXXX, XXXX, EQUIFAX Following correction of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with correction of the above referenced account ( s ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my, credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\n2. Further law regarding charge offs While reviewing my consumer report, I noticed that several accounts are reported as charged off.\n\nRegarding any accounts listed as charged off on my consumer report : By definition, the IRS clearly defines a canceled debt / charge off as GROSS or ORDINARY INCOME.\n\nA Form 1099-C is fiIed when creditors cancel/ charge off debt. \n\nOn the IRS website, ( at XXXXXXXX XXXX XXXXXXXX? XXXX  ), regarding Form 1099-C, it states that Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt. It goes on to say that, Generally, an individual taxpayer must include all canceled amounts on the \" Other Income '' line of Form 1040. \n\nOn XXXX the website of one of the Big XXXX consumer reporting agencies, an article can be found which is titled, Does Your Income Appear on Your Credit Reports? from XX/XX/XXXX, by XXXX XXXX. One does not have to read beyond the first 8 words of the article to find that XXXX concludes that, Income is not part of your credit report. \n\nIf the IRS regards the cancellation of debt / charge offs as income, and income is NOT reported on the consumer report, why are charge offs listed on my report? \n-They can't be. You are reporting incorrect and inaccurate information on my consumer report and are in violation of : 15 USC 1681e Compliance procedures ( 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* Please note that Section I - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law. \n\n\nAlthough already listed in Section II, by my written instructions the following are the charge off accounts that I further legally demand to have deleted from my consumer report : XXXX  ACCT # XXXX XXXX XXXX  XXXX ACCT # XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX ACCT # XXXX XXXX  XXXXXXXX ACCT # XXXX XXXX Following deletion of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. \n\nFailure to respond satisfactorily with deletion of the above referenced account ( s ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a.\n\nNegligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A.\n\nThank you for your prompt attention to these matters.\n\nSincerely, ______________________________ Name Enclosed : copy of State ID ( front and back ) and a bill for proof of address Attachment A 18 USC 1028 - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( XXXX ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case.\n\n( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section.\n\n( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the XXXX of XXXX XXXX XXXX and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of.\n\n( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title.\n\n( f ) Attempt and Conspiracy.\n\nAny person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.\n\n( g ) Forfeiture Procedures.\n\nThe forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ).\n\n( h ) Forfeiture ; Disposition.\n\nIn the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification.\n\n( i ) Rule of Construction.\n\nFor purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification.\n\n18 USC 1028A - Aggravated identity theft ( a ) Offenses.\n\n( 1 ) In general.\n\nWhoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.\n\n( 2 ) Terrorism offense.\n\nWhoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\n( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.\n\n( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the a","date_sent_to_company":"2024-12-04T00:53:41.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"20748","tags":null,"has_narrative":true,"complaint_id":"11004426","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-12-04T00:53:38.000Z","state":"MD","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["issued lawfully for the use of the possessor ), authentication <em>feature</em>, or a false identification document, with the intent such document or <em>feature</em> be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making <em>implement</em> or authentication <em>feature</em> with the intent such document-making <em>implement</em> or authentication <em>feature</em> will be used in the production of a false identification document or another document-making <em>implement</em> or authentication <em>feature</em> which will"]},"sort":[13.626411,"11004426"]},{"_index":"complaint-public-v1","_id":"9096089","_score":13.23399,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On XXXX I mailed a letter to Equifax demanding that they remove non-public information from my consumer report. They completely ignored my letter and sent frivolous identity theft letters in response. I did NOT request Validation or Verification, I demanded deletion of my private non-public information that was being included in my consumer report. Below Is the letter I sent to them with all personal and account information redacted. All demands regarding accounts and their information removal were ignored. Notice to agent ( s ) is notice to principal ( s ). Notice to principal ( s ) is notice to agent ( s ). To Whom It May Concern : Multiple laws in regard to my consumer report are being broken by you. The following correspondence is not a request for validation or verification in any way. It is a demand for you to follow the laws that the U.S. Congress has set forth. SECTION I - Privacy, Permissible Purpose, & Lack of Notice Laws 1. Privacy XXXX XXXX XXXX  never gave ( Equifax, XXXX, or XXXX ) any verbal or written consent to report anything on my consumer report. This lack of consent means that you are breaking the law. The laws state : 15 USC 1681 Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Please take note that Congress has referred to my privacy as a RIGHT. This does not mean that it is a privilege, something that I must hope for, or something that I must appeal to anyone to receive. A right is given 100 % of the time, automatically. I do not have a contract with you or any other consumer reporting agency. If a contract exists in which I gave you permission to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately exclude reporting any and all accounts, or details of accounts, that I address in this letter on my consumer report. I fully understand that while you represent yourself as a Bureau and have misled the masses to believe that you are thus a form of a government agency, which may entitle you to sensitive information. You are in fact a private corporation with no right whatsoever to my private personal information. I have not agreed to allow you to possess, let alone share, my personal and private information with anyone, ever. What you are doing is in clear and plain fact, identity theft. 12 CFR 1022.3 Definitions ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. ( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( 1 ) Name, social security number, date of birth, official state or government issued driver 's license or identification number 18 USC 1028A ( a ) ( 1 ) Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. How did you get my information from a furnisher if you did not use a means of identifying me? How do you share my information? - You do both illegally. You never had lawful authority to use any of my identifying information to collect my personal and private information and associate it with my consumer report. You then, to use the exact verbiage included in the law, knowingly transferred, possessed, and used it. At this time, I do not wish to open an identity theft case. I demand that you simply correct your criminal behavior per my instructions. XXXX. Permissible Purpose Moreover, you do not have a permissible purpose to furnish any of my personal information to a third party without my written consent / instructions. ( from the Fair Credit Reporting Act ) 15 USC 1681b Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish the accounts listed below on my consumer report? - No. I most certainly did not. If a contract exists in which I gave you permissible purpose to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report. Furthermore, please consider this letter official legal notice that my written instructions are to immediately follow the written demands that I outline in Section II of this letter on my consumer report. 3. Lack of Notice I was not given any of the notices REQUIRED by law BEFORE you furnished any of my personal information to a third party. ( from the Gramm-Leach-Bliley Act ) 15 USC 6802 Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. Did you provide me with any notice that you were going to furnish the accounts listed below on my consumer report? - No. You most certainly did not. 15 USC 6802 ( continued ) ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; Did you disclose to me anything that pertains to 15 USC 6802 ( b ) ( 1 ) ( A )? - No. You most certainly did not. ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and Did you give me any opportunity to withhold disclosure as mentioned in 15 USC 6802 ( b ) ( 1 ) ( B )? - No. You most certainly did not. ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Did you give me any explanation of my nondisclosure option as mentioned in 15 USC 6802 ( b ) ( 1 ) ( C )? - No. You most certainly did not. If a document exists in which you gave me clear and conspicuous notice of any of the above, I demand that you produce it to me within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report. Regardless, at this time I clearly and conspicuously opt-out and choose that you will not disclose any and all accounts, or details of accounts as per my written instructions, that I address in Section II of this letter on my consumer report. SECTION II - Remedy List of information that I legally demand to have removed from my consumer report : By my written instructions, I demand deletion of the following personal information from my consumer report : PERSONAL INFORMATION REDACTED By my written instructions, I demand deletion of the following accounts in total from my consumer report : PERSONAL INFORMATION REDACTED By my written instructions, I also demand deletion of ANY AND ALL inquiries from my consumer report. All further inquiries posted on my consumer report must have my written consent. ATTENTION : Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that have been made. Failure to respond satisfactorily with deletion of the above referenced account ( s ) and/or data will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a. Negligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A. SECTION III - Additional Issues 1. Further law regarding charge offs While reviewing my consumer report, I noticed that several accounts are reported as charged off. Regarding any accounts listed as charged off on my consumer report : By definition, the IRS clearly defines a canceled debt / charge off as GROSS or ORDINARY INCOME. A Form 1099-C is fiIed when creditors cancel/ charge off debt. On the IRS website, ( at XXXX : XXXX? level=advanced ), regarding Form 1099-C, it states that Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt. It goes on to say that, Generally, an individual taxpayer must include all canceled amounts on the \" Other Income '' line of Form 1040. On www.experian.com, the website of one of the Big 3 consumer reporting agencies, an article can be found which is titled, Does Your Income Appear on Your Credit Reports? from XX/XX/XXXX, by XXXX XXXX. One does not have to read beyond the first XXXX words of the article to find that XXXX concludes that, Income is not part of your credit report. If the IRS regards the cancellation of debt / charge offs as income, and income is NOT reported on the consumer report, why are charge offs listed on my report? - They can't be. You are reporting incorrect and inaccurate information on my consumer report and are in violation of : 15 USC 1681e Compliance procedures ( 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. * Please note that Section XXXX - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law. Although already listed in Section XXXX, by my written instructions the following are the charge off accounts that I further legally demand to have deleted from my consumer report : PERSONAL INFORMATION REDACTED ATTENTION : Following deletion of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. Failure to respond satisfactorily with deletion of the above referenced account ( XXXX ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a. Negligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A. Thank you for your prompt attention to these matters. Sincerely, ______________________________ PERSONAL INFORMATION REDACTED Enclosed : copy of State ID ( front and back ) and a bill for proof of address Attachment A 18 USC 1028 - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section. ( b ) The punishment for an offense under subsection ( a ) of this section is ( XXXX ) except as provided in paragraphs ( XXXX ) and ( XXXX ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than XXXX identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( XXXX ) of such subsection ; or ( D ) an offense under paragraph ( XXXX ) of such subsection that involves the transfer, possession, or use of XXXX or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case. ( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section. ( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( XXXX ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( XXXX ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( XXXX ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. ( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. ( f ) Attempt and Conspiracy. Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ( g ) Forfeiture Procedures. The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ). ( h ) Forfeiture ; Disposition. In the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification. ( i ) Rule of Construction. For purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification. 18 USC 1028A - Aggravated identity theft ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. ( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. ( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the acquisition of a firearm ) ; ( 4 ) any provision contained in this chapter ( relating to fraud and false statements ), other than this section or section 1028 ( a ) ( 7 ) ; ( 5 ) any provision contained in chapter 63 ( relating to mail, bank, and wire fraud ) ; ( 6 ) any provision contained in chapter 69 ( relating to nationality and citizenship ) ; ( 7 ) any provision contained in chapter 75 ( relating to passports and visas ) ; ( 8 ) section 523 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6823 ) ( relating to obtaining customer information by false pretenses ) ; ( 9 ) section 243 or 266 of the Immigration and Nationality Act ( 8 U.S.C. 1253 and 1306 ) ( relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card ) ; ( 10 ) any provision contained in chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) ( relating to various immigration offenses ); or ( 11 ) section 208, 811, 1107 ( b ), 1128B ( a ), or 1632 of the Social Security Act ( 42 U.S.C. 408, 1011, 1307 ( b ), 1320a7b ( a ), and 1383a ) ( relating to false statements relating to programs under the Act ). 12 CFR 1022.3 - Definitions ( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( XXXX ) Name, social security number, date of birth, official state or government issued driver 's license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( 2 ) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( 3 ) Unique electronic identification number, address, or routing code ; or ( 4 ) Telecommunication identifying information or access device ( as defined in 18 U.S.C. 1029 ( e ) ). ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt","date_sent_to_company":"2024-05-25T21:16:14.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"81005","tags":null,"has_narrative":true,"complaint_id":"9096089","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-05-25T21:06:35.000Z","state":"CO","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["All further inquiries posted on my consumer report must <em>have</em> my written consent. ATTENTION : Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that <em>have</em> <em>been</em> made."]},"sort":[13.23399,"9096089"]},{"_index":"complaint-public-v1","_id":"9097202","_score":13.179764,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On XXXX I mailed a letter to XXXX demanding that they remove non-public information from my consumer report. They completely ignored my letter and sent frivolous identity theft letters in response. I did NOT request Validation or Verification, I demanded deletion of my private non-public information that was being included in my consumer report. Below Is the letter I sent to them with all personal and account information redacted. All demands regarding accounts and their information removal were ignored. Notice to agent ( s ) is notice to principal ( s ). Notice to principal ( s ) is notice to agent ( s ). To Whom It May Concern : Multiple laws in regard to my consumer report are being broken by you. The following correspondence is not a request for validation or verification in any way. It is a demand for you to follow the laws that the U.S. Congress has set forth. SECTION I - Privacy, Permissible Purpose, & Lack of Notice Laws 1. Privacy I, **** *******, never gave ( XXXX, XXXX, or TransUnion ) any verbal or written consent to report anything on my consumer report. This lack of consent means that you are breaking the law. The laws state : 15 USC 1681 Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Please take note that Congress has referred to my privacy as a RIGHT. This does not mean that it is a privilege, something that I must hope for, or something that I must appeal to anyone to receive. A right is given 100 % of the time, automatically. I do not have a contract with you or any other consumer reporting agency. If a contract exists in which I gave you permission to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately exclude reporting any and all accounts, or details of accounts, that I address in this letter on my consumer report. I fully understand that while you represent yourself as a Bureau and have misled the masses to believe that you are thus a form of a government agency, which may entitle you to sensitive information. You are in fact a private corporation with no right whatsoever to my private personal information. I have not agreed to allow you to possess, let alone share, my personal and private information with anyone, ever. What you are doing is in clear and plain fact, identity theft. 12 CFR 1022.3 Definitions ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. ( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( 1 ) Name, social security number, date of birth, official state or government issued driver 's license or identification number 18 USC 1028A ( a ) ( 1 ) Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. How did you get my information from a furnisher if you did not use a means of identifying me? How do you share my information? - You do both illegally. You never had lawful authority to use any of my identifying information to collect my personal and private information and associate it with my consumer report. You then, to use the exact verbiage included in the law, knowingly transferred, possessed, and used it. At this time, I do not wish to open an identity theft case. I demand that you simply correct your criminal behavior per my instructions. 2. Permissible Purpose Moreover, you do not have a permissible purpose to furnish any of my personal information to a third party without my written consent / instructions. ( from the Fair Credit Reporting Act ) 15 USC 1681b Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish the accounts listed below on my consumer report? - No. I most certainly did not. If a contract exists in which I gave you permissible purpose to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report. Furthermore, please consider this letter official legal notice that my written instructions are to immediately follow the written demands that I outline in Section II of this letter on my consumer report. 3. Lack of Notice I was not given any of the notices REQUIRED by law BEFORE you furnished any of my personal information to a third party. ( from the Gramm-Leach-Bliley Act ) 15 USC 6802 Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. Did you provide me with any notice that you were going to furnish the accounts listed below on my consumer report? - No. You most certainly did not. 15 USC 6802 ( continued ) ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; Did you disclose to me anything that pertains to 15 USC 6802 ( b ) ( 1 ) ( A )? - No. You most certainly did not. ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and Did you give me any opportunity to withhold disclosure as mentioned in 15 USC 6802 ( b ) ( 1 ) ( B )? - No. You most certainly did not. ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Did you give me any explanation of my nondisclosure option as mentioned in 15 USC 6802 ( b ) ( 1 ) ( C )? - No. You most certainly did not. If a document exists in which you gave me clear and conspicuous notice of any of the above, I demand that you produce it to me within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report. Regardless, at this time I clearly and conspicuously opt-out and choose that you will not disclose any and all accounts, or details of accounts as per my written instructions, that I address in Section II of this letter on my consumer report. SECTION II - Remedy List of information that I legally demand to have removed from my consumer report : By my written instructions, I demand deletion of the following personal information from my consumer report : PERSONAL INFORMATION REDACTED By my written instructions, I demand deletion of the following accounts in total from my consumer report : PERSONAL INFORMATION REDACTED By my written instructions, I also demand deletion of ANY AND ALL inquiries from my consumer report. All further inquiries posted on my consumer report must have my written consent. ATTENTION : Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that have been made. Failure to respond satisfactorily with deletion of the above referenced account ( s ) and/or data will result in legal actions being taken against your company, for which I will also be seeking one thousand dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a. Negligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A. SECTION III - Additional Issues 1. Further law regarding charge offs While reviewing my consumer report, I noticed that several accounts are reported as charged off. Regarding any accounts listed as charged off on my consumer report : By definition, the IRS clearly defines a canceled debt / charge off as GROSS or ORDINARY INCOME. A Form 1099-C is fiIed when creditors cancel/ charge off debt. On the IRS website, ( at XXXX : XXXX? level=advanced ), regarding Form 1099-C, it states that Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt. It goes on to say that, Generally, an individual taxpayer must include all canceled amounts on the \" Other Income '' line of Form 1040. On www.experian.com, the website of one of the Big 3 consumer reporting agencies, an article can be found which is titled, Does Your Income Appear on Your Credit Reports? from XX/XX/XXXX, by XXXX XXXX. One does not have to read beyond the first 8 words of the article to find that XXXX concludes that, Income is not part of your credit report. If the IRS regards the cancellation of debt / charge offs as income, and income is NOT reported on the consumer report, why are charge offs listed on my report? - They can't be. You are reporting incorrect and inaccurate information on my consumer report and are in violation of : 15 USC 1681e Compliance procedures ( 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. * Please note that Section I - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law. Although already listed in Section II, by my written instructions the following are the charge off accounts that I further legally demand to have deleted from my consumer report : PERSONAL INFORMATION REDACTED ATTENTION : Following deletion of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. Failure to respond satisfactorily with deletion of the above referenced account ( s ) will result in legal actions being taken against your company, for which I will also be seeking one thousand dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a. Negligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A. Thank you for your prompt attention to these matters. Sincerely, ______________________________ PERSONAL INFORMATION REDACTED Enclosed : copy of State ID ( front and back ) and a bill for proof of address Attachment A 18 USC 1028 - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section. ( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case. ( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section. ( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( 2 ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( 3 ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( 6 ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the XXXX of XXXX XXXX XXXX and any XXXX XXXX XXXX possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. ( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. ( f ) Attempt and Conspiracy. Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ( g ) Forfeiture Procedures. The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ). ( h ) Forfeiture ; Disposition. In the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification. ( i ) Rule of Construction. For purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification. 18 USC 1028A - Aggravated identity theft ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. ( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. ( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the acquisition of a firearm ) ; ( 4 ) any provision contained in this chapter ( relating to fraud and false statements ), other than this section or section 1028 ( a ) ( 7 ) ; ( 5 ) any provision contained in chapter 63 ( relating to mail, bank, and wire fraud ) ; ( 6 ) any provision contained in chapter 69 ( relating to nationality and citizenship ) ; ( 7 ) any provision contained in chapter 75 ( relating to passports and visas ) ; ( 8 ) section 523 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6823 ) ( relating to obtaining customer information by false pretenses ) ; ( 9 ) section 243 or 266 of the Immigration and Nationality Act ( 8 U.S.C. 1253 and 1306 ) ( relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card ) ; ( 10 ) any provision contained in chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) ( relating to various immigration offenses ); or ( 11 ) section 208, 811, 1107 ( b ), 1128B ( a ), or 1632 of the Social Security Act ( 42 U.S.C. 408, 1011, 1307 ( b ), 1320a7b ( a ), and 1383a ) ( relating to false statements relating to programs under the Act ). 12 CFR 1022.3 - Definitions ( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( 1 ) Name, social security number, date of birth, official state or government issued driver 's license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( 2 ) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( 3 ) Unique electronic identification number, address, or routing code ; or ( 4 ) Telecommunication identifying information or access device ( as defined in 18 U.S.C. 1029 ( e ) ). ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt","date_sent_to_company":"2024-05-25T21:16:21.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"81005","tags":null,"has_narrative":true,"complaint_id":"9097202","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-05-25T21:16:20.000Z","state":"CO","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":["All further inquiries posted on my consumer report must <em>have</em> my written consent. ATTENTION : Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that <em>have</em> <em>been</em> made."]},"sort":[13.179764,"9097202"]},{"_index":"complaint-public-v1","_id":"3628394","_score":12.468534,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"I entered into a settlement arrangement to pay XXXX on my account ending in XXXX. The LAW provides for 90 days once entering the agreement, regardless of proposed installment dates. \n\nXX/XX/XXXX - I paid {$250.00} XX/XX/XXXX - I paid {$250.00} XX/XX/XXXX - Final Payment tentatively to be paid for {$750.00}. \n\nAfter being affected by Covid 19, I called to get this final payment date RESCHEDULED, and they flat out refused. I know for a 1000 % FACT that they can do it, and that provisions of settlements allow in regulations for a 90-day payment period. I also know this to be true, because XXXX, XXXX XXXX, and XXXX all allowed me to do it. \n\nI asked to pay it on XX/XX/XXXX ( still less than 90 days from start of plan to finish ) and they flat out refused. \n\nI requested time to pay due to Covid 19 income loss and they flat out refused. \n\nI requested another settlement for the remaining {$750.00} and they flat out refused. \n\nI requested any settlement and they flat out refused. \n\nI requested assistance under Covid 19 and they flat out refused. \n\nI requested the standard Covid 19 that they are giving people, and they flat out refused. \n\nThey haven't implemented one thing to help their customers. \n\nThe only option they have is this \" build your own plan '' available on the internet on their site which only approves it if you do a significant payment, on a monthly basis, which doesn't reflect someone's capacity to pay on an ongoing basis. There is literally no way to get an approval, unless you type in a very high significant amount. This is the same feature that has always been on their site. It is NOT directed towards helping people with Covid. 3 of my other creditors immediately enrolled me in a 60-day plan with no payments. Capital One had nothing. They are truly a selfish greedy company. \n\nI have lost my entire income due to Covid 19 since XX/XX/XXXX, and have been trying proactively to get help from them, and they flat out refused. \n\nI live in XXXX, and the Department of Employment Security ( DES ) and the Unemployment Office does not have the system set up yet to pay sole proprietors. \nThey expect implementation on XX/XX/XXXX, and payments to start being made to the unemployment self-employed group shortly following that. \n\nI find Capital One 's inability or refusal to help me an egregious lack of support and expectations by consumers and the federal government, and I'd like to have a full investigation done into Capital One, not just through them replying to my statements, but I'd like to see the CFPB launch an investigation into their refusal to help me. \n\nI will also be reaching out to the top executives in my XXXX network to shed further light on this, as well as the incooperation of senior account managers to work with people. \n\nThis is deplorable, and I want to throw up just thinking of how they are not helping people. I want to cry. I consider how much stress this is causing me. It's awful to have no help from them. NONE! \n\nI sure hope they get what they deserve, by going down when nobody pays them due to Covid, and people are forced to file bankruptcy. \n\nIt will happen, and Capital One 's Managers who refused to work with me, will suddenly find themself where I was. \n\nI will make sure everyone website, platform, and review center knows of this. As well as the XXXX. \n\nXXXX XXXX","date_sent_to_company":"2020-04-29T16:00:59.000Z","issue":"Struggling to pay your bill","sub_product":"General-purpose credit card or charge card","zip_code":"85308","tags":null,"has_narrative":true,"complaint_id":"3628394","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2020-04-29T15:34:42.000Z","state":"AZ","company_public_response":null,"sub_issue":"Credit card company won't work with you while you're going through financial hardship"},"highlight":{"complaint_what_happened":["I <em>have</em> lost my entire income due to Covid 19 since XX/XX/XXXX, and <em>have</em> <em>been</em> trying proactively to get help from them, and they flat out refused. \n\nI live in XXXX, and the Department of Employment <em>Security</em> ( DES ) and the Unemployment Office does not <em>have</em> the system set up yet to pay sole proprietors. \nThey expect <em>implementation</em> on XX/XX/XXXX, and payments to start being made to the unemployment self-employed group shortly following that."]},"sort":[12.468534,"3628394"]},{"_index":"complaint-public-v1","_id":"6700800","_score":11.016689,"_source":{"product":"Checking or savings account","complaint_what_happened":"On XX/XX/2023, an unknown person logged into my Discover checking account and made two unauthorized XXXX transactions, one for {$480.00} and one for {$100.00}. I immediately called the Fraud Department to have my account frozen and filed a claim to dispute the transactions. Ultimately, I closed that account and reopened another with a different account number since someone clearly had my account and routine number. \n\nOn XX/XX/2023, I received two notifications by mail stating that the XXXX transactions were valid, which they were not. I thought it had to have been a mistake, so I called the Fraud Department to speak with a specialist whom told me the transactions were made with a trusted device, which they were not. She informed me that I would need to submit documentation to appeal the decision. I was thoroughly confused during our conversation because it was clear that there was unusual activity on my account. \n\nTwenty or thirty minutes prior to the XXXX transactions ( made on XX/XX/XXXX ), as I had received a text message asking if a transaction attempted at XXXX was valid. It was not until after the call on XX/XX/XXXX with the fraud specialist that I realized the text about the XXXX transaction and subsequent call I had received in response were not legitimate. \n\nOnce I put all of the pieces together, I collected all of my documentation and submitted them to the Secure Document Upload, but I have yet to hear back, only causing more frustration to an already agonizing experience. This fraudulent activity, causing {$580.00} to be stolen from me would not have taken place if it werent for Discovers inadequate account security. \n\nLess than a week prior to this activity, I discovered over XXXX transactions from a XXXX in Texas. Each transaction was for the exact same amount, {$180.00}. These transactions took place on XX/XX/XXXX and XXXX, completely wiping out my entire balance. \n\nThis very unusual activity did not raise a red flag to the fraud department. I did not receive a single notification alerting me about unusual activity. I believe XXXX transactions made in another state for the exact same amount at such a large total, especially for a fast food restaurant, would certainly constitute as unusual. \n\nDiscovers website states that a comprehensive set of features and tools, including fraud specialists proactively monitoring accounts for unusual activity, are used to help protect checking accounts from fraud. These statements have misrepresented the companys effort to protect my finances because this obvious fraudulent activity went unnoticed. \n\nThese severely inadequate preventative measures directly caused my account to be hacked just five days later. Had I received proper notification about this fraudulent activity, I would have been familiar with Discover Banks process once when an unauthorized transaction was attempted. Instead, I was on extremely high alert to ensure my finances would not be compromised again. Ironically, that exact concern is what caused even more fraudulent activity. \n\nWhen recently reviewing Discovers website warning about scams, I came across some questions advising customer to ask themselves : - Did I trust the caller? Yes, my account was just compromised five days earlier. I was still distressed about the situation. The person I spoke to was very professional using excellent communication, grammar, etc. No red flags. \n\n- Why am I receiving this request? Because my information had obviously been exposed just a few days prior, and I thought Discover was actually trying to protect my account, unlike they had previously done. \n\n- Was I expecting this request? Absolutely! Like I mentioned earlier, I was on high alert due to the experience earlier that week. \n\n- I never disclosed my account number, my user ID or password or my social security number. These questions would have certainly raised a red flag. \n\n- This person had my online banking username and password. They were in my account when they called me, acted like a fraud specialist and asked me for the code that was texted me to, just like a fraud specialist had done earlier that week when I called Discover after noticing the 30+ fraudulent transactions. \n\nNot only did Discovers weak password requirements resulted in easy access to my account, their lack of providing security to my account less than one week prior, caused me to be clueless in their response to fraudulent activity and caused me to be on high alert so it didn't happen again. \n\nMy password was only six characters. If more secure requirements have been implemented, I certainly never received an alert requiring more secure credentials. This feature should be a top priority for any financial institution. If these features were monitored more closely, I would have never lost {$580.00}.","date_sent_to_company":"2023-03-15T17:19:24.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"92111","tags":null,"has_narrative":true,"complaint_id":"6700800","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"DISCOVER BANK","date_received":"2023-03-15T16:53:15.000Z","state":"CA","company_public_response":null,"sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["This <em>feature</em> should be a top priority for any financial institution. If these features were monitored more closely, I would <em>have</em> never lost {$580.00}."]},"sort":[11.016689,"6700800"]},{"_index":"complaint-public-v1","_id":"15268979","_score":10.098389,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Subject : Formal Complaint and Dispute of Unauthorized Hard Credit Inquiries Due to System Migration Failure Request for Immediate Action ________________________________________ Dear TransUnion and FTC Representatives, I am submitting this formal complaint and dispute regarding unauthorized hard credit inquiries that appeared on my TransUnion credit report, which resulted from a known internal system migration error at TransUnion in XXXX. \nSummary of Events : 1. Background & Security Measures Due to the prior TransUnion data breach in XXXX, which impacted millions of consumers including myself, I proactively placed a credit freeze to protect my identity. I was also enrolled in a paid TransUnion credit monitoring subscription. \nXXXX. Migration System Failure to Carry Over From XX/XX/XXXX Despite having an active freeze in placed, last XXXX of XXXX, TransUnion failed to carry over my credit freeze settings to its new system. I received no direct communication or guidance from TransUnion regarding changes to its services or that I was required to reapply the freeze under the new platform. \nXXXX. Unauthorized Hard Inquiries in Violation of Consumer Rights On or around XX/XX/XXXX, I received alerts from my credit card issuers monitoring service indicating two hard credit pulls were made on my TransUnion credit file without my authorization or consent, in direct violation of my freeze and consumer rights. These inquiries were not approved by me and are illegal under the Fair Credit Reporting Act ( FCRA ), XXXX XXXX Code XXXX ( c ), which prohibits consumer reports from being accessed without permissible purpose or consent. \nXXXX. TransUnion Acknowledgment of Internal Failure I contacted TransUnion at ( XXXX ) XXXX on XX/XX/XXXX to dispute the unauthorized inquiries. On XX/XX/XXXX, after repeated follow-ups, I finally spoke with Migration SupervisoXXXX XXXX, who confirmed a systemic issue during TransUnions migration, specifically impacting the credit freeze transfer. Previous representatives XXXX and XXXX misinformed me about the dispute process, causing unnecessary delays and further harm. \nXXXX. Failure to Communicate Service Changes TransUnion failed to notify me about : The deactivation of the Credit Lock feature in their legacy products & platforms ; The discontinuation of their legacy credit monitoring subscription ; The need to reapply the credit freeze using the new system. \nHad I been properly notified, I would have taken action to maintain my freeze and prevent unauthorized access to my credit file. \n________________________________________ Legal Grounds for Dispute & Complaint : FCRA Violation : Under 15 U.S. Code 1681b ( b ) ( 2 ), a consumer report may not be accessed without the express consent of the consumer. My credit freeze, if properly maintained, would have legally blocked these inquiries. \nFair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681b : Accessing a consumers credit file without proper authorization is unlawful.\n\nNegligence & Harm : TransUnion 's failure to uphold system continuity, inadequate notification of critical service changes, and lack of clear consumer guidance constitutes gross negligence. This has placed me at renewed risk of identity theft, compromised my financial security, and damaged my credit profile and emotional and financial stress.\n\nA.R.S. 44-1694 ( C ) : Requires that credit reporting agencies implement procedures to maintain accuracy and data integrity.\n\nA.R.S. 13-2008 : Prohibits identity misuse or unauthorized access of personal identifying information.\n\nA.R.S. 44-1522 ( Consumer Fraud Act ) : Prohibits unfair and deceptive business practices, including failure to disclose material service changes. \n\n\n\nRespectfully, LC Consumer","date_sent_to_company":"2025-08-13T08:14:18.000Z","issue":"Problem with fraud alerts or security freezes","sub_product":"Credit reporting","zip_code":"853XX","tags":null,"has_narrative":true,"complaint_id":"15268979","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-08-13T07:45:02.000Z","state":"AZ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["Had I <em>been</em> properly notified, I would <em>have</em> taken action to maintain my freeze and prevent unauthorized access to my credit file. \n________________________________________ Legal Grounds for Dispute & Complaint : FCRA Violation : Under 15 U.S. Code 1681b ( b ) ( 2 ), a consumer report may not be accessed without the express consent of the consumer. My credit freeze, if properly maintained, would <em>have</em> legally blocked these inquiries."],"issue":["Problem with fraud alerts or <em>security</em> freezes"]},"sort":[10.098389,"15268979"]},{"_index":"complaint-public-v1","_id":"14012232","_score":10.000331,"_source":{"product":"Prepaid card","complaint_what_happened":"Dear CFPB Representative, I am submitting this complaint to formally document not just the deficient conduct of cred.ai in their handling of my account, but also their ongoing minimization of legitimate consumer concerns, operational opacity, and disregard for customer transparency, privacy, and lawful process. \n\nFollowing a prior complaint I submitted, I received an unsolicited, defensive, and highly inappropriate message from a cred.ai representative named XXXX XXXX. \n\nInstead of addressing the substance of my concerns, the tone of the message leaned condescending, dismissive, and even accusatory. This tone, combined with a pattern of selective fact-picking and corporate deflection, only serves to illustrate the very dysfunction I flagged in my original complaint. \n\nLet me address XXXX assertions point by point : First, XXXX attempts to downplay my concern over receiving no timely answer to a question about potential account inactivity closure, framing it as a hypothetical. Regardless of phrasing, the substance of the question was real and materially relevant to me as a new customerespecially given that many fintech institutions now engage in automated account closures with little to no notice. XXXX acknowledges that first-level support failed to answer my inquiry, but then has the audacity to suggest I should have bypassed normal support channels and contacted a second-level agent directly, or remembered a name from a past interaction. This expectation is neither practical nor disclosed anywhere in their app or support documentation. If first-level support is unqualified to answer basic questions about account status, that in itself is a red flag for operational compliance and user accessibility. \n\nSecond, cred.ais recent decision to implement facial recognition requirements before allowing deposit actions was done without any notice, consent, or clear opt-in process. I discovered the feature only after being locked out of depositing funds unless I submitted a photo of my face. No warning, no onboarding, and certainly no explanation of how that biometric data would be stored or used. \n\nWhen I contacted the call center to inquire, agents had no idea what I was referring tosuggesting the feature was deployed without proper training or consumer education. Eventually, someone from email support acknowledged the issue, but only after I made repeated inquiries.\n\n* * * This unannounced biometric gating of account access is both invasive and arguably unlawful under consumer protection and biometric data statutes. * * * Third, XXXX insinuates that I engaged in social engineering because, during a prior complaint, I referenced a publicly available XXXX review that closely mirrored my experience. I was transparent in my communication and would have gladly clarified the source if asked. \n\n* * * The fact that cred.ai sees consumer citation of public criticism as a potential security threat speaks volumes about their internal cultureand their apparent discomfort with accountability. * * * Most disturbingly, XXXX tries to redirect attention to a single sentence from a prior phone call in which I expressed frustration about the repeated support failures. I regret if my tone was blunt, but to frame my criticism of a broken offshore support systemafter hours of escalationsas demeaning while ignoring the institutional dysfunction that provoked it is a classic example of corporate gaslighting. This is the same playbook used by firms that try to flip the blame onto customers for reacting to mismanagement, rather than fixing the root problem. I stand by my criticism of how support was handled. My words may have been sharp, but they were a reaction to structural apathy, not personal disrespect. \n\nThe bigger picture is this : cred.ai presents itself as a no fee, no interest financial innovation. In reality, it operates like a vaporware fintech, built more for attracting investors than for serving customers. The XXXX XXXX  from signaling financial empowermentis little more than cardboard horn cosplay slapped onto a structurally unsound operation. Their product roadmap seems to be driven by optics, not compliance. They deploy features ( like biometric gates ) without notice. They outsource first-line support to poorly trained overseas agents. They gaslight customers when they express legitimate concern. And when those customers file complaints, the company responds not with introspection, but with defensiveness and veiled threats of account closure. \n\nThis is not a one-off issue. It is a systemic example of the increasing trend among venture-backed fintechs to substitute flash for substance. As a customer, I was misled, poorly supported, and surveilled without notice. As a complainant, I was dismissed, condescended to, and subtly threatened with closure. And as a citizen, I am now asking for regulators to step inbecause no matter how slick the app interface, this kind of business model is an erosion of financial integrity. \n\n* * * Most critically, cred.ais sudden and undocumented implementation of facial recognition requirements before granting access to deposit functions isat minimuman Unfair, Deceptive, or Abusive Act or Practice ( UDAAP ) violation under the Dodd-Frank Act. The failure to notify users of this policy change, obtain affirmative consent, or offer alternatives constitutes an unfair and deceptive limitation on access to ones own funds. It effectively blocks lawful account usage behind a biometric wall that users never agreed to, in conflict with basic principles of transparency, informed consent, and equal access. * * * This is a textbook example of why UDAAP enforcement exists in the fintech space. It is not enough for a company to claim innovation while quietly shifting risk and friction onto the consumer. When a financial institution introduces new surveillance features without user consent, fails to train its agents on the change, and locks customers out of functionality as a result, that is not a customer service oversightit is a regulatory concern. \n\nI respectfully urge the CFPB to investigate : Whether cred.ai is deploying biometric features in accordance with federal and state notice, consent, and privacy laws ; Whether its outsourced support model meets regulatory requirements for transparency and responsiveness ; Whether its complaint handling procedures are in compliance with fair lending, UDAAP standards, and consumer communication regulations ; And whether the companys branding and promotional claims constitute deceptive advertising under federal consumer protection laws. \n\nSincerely, XXXX XXXX XXXX","date_sent_to_company":"2025-06-11T18:25:48.000Z","issue":"Trouble using the card","sub_product":"General-purpose prepaid card","zip_code":"179XX","tags":null,"has_narrative":true,"complaint_id":"14012232","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CRED Technologies dba cred.ai","date_received":"2025-06-11T18:13:34.000Z","state":"PA","company_public_response":null,"sub_issue":"Trouble getting information about the card"},"highlight":{"complaint_what_happened":["Second, cred.ais recent decision to <em>implement</em> facial recognition requirements before allowing deposit actions was done without any notice, consent, or clear opt-in process. I discovered the <em>feature</em> only after being locked out of depositing funds unless I submitted a photo of my face. No warning, no onboarding, and certainly no explanation of how that biometric data would be stored or used."]},"sort":[10.000331,"14012232"]},{"_index":"complaint-public-v1","_id":"1731151","_score":9.794004,"_source":{"product":"Credit card","complaint_what_happened":"Good morning, I am writing regarding my Macy 's credit card that I have had for over 10 years. In XXXX, Macy 's contracted to a new credit card vendor ( I believe XXXX XXXX ) and since that time, service has been terrible and the website is constantly down which prevents me from paying my bill. To note, I have never been late in paying this bill in the 10 years I have had the card until this XXXX. In XXXX, I attempted to pay the complete amount due online over the course of three days, but each time the site was down. After these failed attempts, I admittedly forgot about this obligation as I was on vacation and I failed to pay on time. As such, Macy 's contacted me to make a payment and kindly waived the late fee as I was a loyal customer. When I spoke with a customer service rep in XXXX, I asked for the payment due assuming I would be noted the entire amount since I had always paid in full. Instead, I was given the minimum amount due to pay which lead to interest charges that I ultimately had to pay. Not paying my account on time also lead to minimum payments due on the purchase of a couch that I had made earlier in the year under a no payment/no interest for a year deal. It was not the minimum payment due that bothered me, instead it is the fact that I am unable to get a reliable answer from customer service at Macy 's about the accrual of interest on this couch purchase. Despite nearly an hour on the phone on XXXX separate occasions and multiple transfers, nobody can tell me if interest is applied, at what rate, and whether its daily, annual, etc. This is inexcusable! \nAgain this month, I have a minimum payment due ( I am trying to get an answer on the couch interest, but am prepared to close the account and pay in full due to their poor service ) and can not access the website. I recognize there are technical difficulties but when sites are unable to process payments for days at a time, a grace period or other exceptions should be in effect. I am an educated consumer with a great credit rating and find it unacceptable to be impeded in maintaining a high credit score by a non-working website and customer service representatives who are not adequately educated to assist me or find someone else to resolve the matter. \nMacy 's is aware of the situation such that on XXXX XXXX they sent the attached email to apologize for the \" challenges '' during their credit card website \" upgrade. '' Dear Valued Cardholder, As you may have noticed, Macy 's recently upgraded its online credit servicing site, featuring enhanced security and new capabilities, such as customized alerts for managing your account, real-time account updates and a mobile-friendly design. \n\nUnfortunately, the implementation of this upgrade may have caused challenges when accessing and using our credit servicing site, which resulted in a disruption of online servicing for many customers, as well as longer-than-normal wait times for customers calling us. \nResolving these technical issues and reducing hold times are top priorities for us. We are doing everything we can to ensure we provide you the level and type of service you have come to expect at Macy 's. \nMacy 's truly apologizes for any disruption and frustration you may have experienced when attempting to access your Macy 's credit account online or when contacting Credit Customer Service. Please enjoy this EXTRA 30 % OFF ( due to length, I removed additional details of the offer ) If you need assistance or have questions about your credit account, please do n't hesitate to contact Credit Customer Service at ( XXXX ) XXXX. \nWe look forward to serving you now and in the future. \nSincerely, XXXX XXXX XXXX XXXX, Macy 's Credit and Customer Services Your attention to this matter is appreciated. Many thanks for all you do to protect consumers.","date_sent_to_company":"2016-01-06T14:47:35.000Z","issue":"Billing statement","sub_product":null,"zip_code":"22204","tags":null,"has_narrative":true,"complaint_id":"1731151","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2016-01-06T14:47:34.000Z","state":"VA","company_public_response":"Company chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["Good morning, I am writing regarding my Macy 's credit card that I <em>have</em> had for over 10 years. In XXXX, Macy 's contracted to a new credit card vendor ( I believe XXXX XXXX ) and since that time, service has <em>been</em> terrible and the website is constantly down which prevents me from paying my bill. To note, I <em>have</em> never <em>been</em> late in paying this bill in the 10 years I <em>have</em> had the card until this XXXX."]},"sort":[9.794004,"1731151"]},{"_index":"complaint-public-v1","_id":"2319570","_score":9.668842,"_source":{"product":"Mortgage","complaint_what_happened":"***NEW EVIDENCE**** NATIONSTAR CONTINUES TO BE A CRIME WAVE DISGUISED AS A LEGITIMATE COMPANY. \n\n***DOCUMENTED CRIMINAL ACTS IN THE PAST 12 MONTHS INCLUDES*** : FAILURE TO MAIL MONTHLY STATEMENTS, EXTORTION, EMBEZZLEMENT, COLLECTING ADDITIONAL PRINCIPAL WITHOUT CREDIT, ILLEGAL ATTORNEY FEES, ILLEGAL INSPECTION FEES, MORE A RANDOM ILLEGAL FEE OF {$500.00} WAS ADDED TO XXXX 2016 WITH NO EXPLANATION TO TRIGGER THE CFPB PROCESS AS JUST ONE EXAMPLE. \nNATIONSTAR HAS LIED TO THE CFPB AND THEY HAVE ALSO IMPLEMENTED A VISIBLE, CRIMINAL COVER-UP AS THEY ATTEMPT TO STEAMROLL VICTIMS AND STEAL HOMES ILLEGALLY FROM OWNERS WHILE SIMULTANEOUSLY COMMITTING INSURANCE FRAUD, CONSUMER FRAUD, AND SECURITIES AND EXCHANGE FRAUD WHEN YOU INCLUDE THE MASTERMINDS OF THE CRIME WAVE, XXXX XXXX, XXXX XXXX AND XXXX. \n\nIN WOULD LIKE TO THANK NATIONSTAR FOR MAILING THESE RECORDS OF THEIR CRIMINAL ACTIVITY WHICH ADDS ADDITIONAL FEDERAL CRIMES TO PROSECUTE, I ALSO WANT TO REMIND EVERYONE THAT THEY FAILED TO MAIL MONTHLY STATEMENTS FOR MOST OF 2016 AS THEY TRIED TO USE THEIR ILLEGAL TACTICS AND ILLEGAL ACCOUNTING IN A SYSTEMATIC, PROGRAMMED FRAUD. \n\nI SPOKE WITH A CONTRACTOR FOR NATIONSTAR MORTGAGE AND WAS ALSO ABLE TO CONFIRM WITH XXXX ( A COMPANY THAT WORKS WITH NATIONSTAR AND ALSO SERVICES LOANS ) THAT SYTEMATIC, COMPUTER PRE PROGRAMMED COMPUTER FRAUD IS WIDESPREAD AND COMMON, NOT AN EXCEPTION. IT IS ALSO AN ISSUE THE CFPB IS ACTIVELY INVESTIGATING BECAUSE I WAS TOLD ABOUT IT FROM PARTIES COMMITTING THE CRIMINAL ACTS WHILE CLAIMING THEY ARE \" INADVERTENT ERRORS ''. \n\nATTACHED IS THE MOST RECENT STATEMENT FROM NATIONSTAR/XXXX AND XXXX XXXX. YOU WILL SEE THAT THEY MANUALLY TRIED TO CORRECT THE FRAUD ... BUT THE COMPUTER OVERODE IT AND REINSTALLED THE ILLEGAL FEES THEY REMOVED IN AN EFFORT TO COMPLY. {$26.00} A MONTH IS THE LATE FEE ... YET WE HAVE TWO MONTHS IN HOUSE PAYMENTS ADDED ONTO ONE MONTHLY STATEMENT AS RECENT ACTIVITY ... {$1800.00} ( XXXX XXXX XXXX XXXX DOLLARS ). \n\nI ALSO WANT TO POINT OUT THAT NATIONSTAR IS USING SELECTIVE DISCRETION ON OWNERSHIP OF THE LOANS. WHEN LEGAL QUESTIONS COME UP THEY START WITH THE STANDARD OPERATING PROCEDURE IN THIS CORRUPT SCUMBAG INDUSTRY, \" WE HAVE NO RECORD OF THE PRIOR SERVICE '' ... PROGRESSED ONTO \" THEY SAID NO ERRORS '' ... BUT MOVED ONTO ANSWERING THE CFPB COMPLAINTS AGAINST XXXX MORTGAGE AND XXXX BECAUSE THEY KNOW, LEGALLY, THEY OWN THE LOAN AND ALL THE ACTIONS ASSOCIATED WITH IT, PROFIT OR LIABILITY, ARE THEIRS TO OWN. \nTHIS CRIMINAL NETWORK HAS NO CUSTOMER SERVICE FEATURE. THAT IS ALL 100 % FRAUD. \n\n***LOAN MODIFICATION FRAUD*** WHEN WE APPLIED FOR LOAN MODIFICATION ... THE DENIAL LETTER CAME OUT BEFORE THE \" WE WILL REVIEW FOR NEXT 30 DAYS LETTER ''. I WILL PROVIDE COPIES UPON REQUEST, THEY ARE FILED AWAY IN PREPARATION OF A LAWSUIT AND OTHER ACTIONS IF REQUIRED DUE TO CONTINUED NON-COMPLIANCE. \nEXTORTION, EMBEZZLEMENT, MISREPRESENTATION, CRIMINAL FRAUD, INTENTIONALLY AND CRIMINALLY DEFRAUDING THE U.S. GOVERNMENT AND VARIOUS INSURANCE INSTRUMENTS, ILLEGAL FORECLOSURE, FAILURE TO COMPLY REGULATIONS AND LAW, MORE, HAVE ALL BEEN DOCUMENTED REPEATEDLY BY NATIONSTAR AND ENDORSED AND EMBRACED BY FORTRESS INVESTMENTS. \nTHERE IS NO PROFIT IN LOAN SERVICING. THE INCOME COMES FROM CRIME. THE CRIME IS COMMITTED USING DECEPTION. \n\nIF NATIONSTAR IS REALLY THIS INEPT ... WE CAN EXPLAIN AGAIN. \nLOAN ORIGINATION FRAUD ... ILLEGAL ESCROW FRAUD ... ILLEGAL INSURANCE FRAUD .... ILLEGAL CONSUMER FRAUD .... ILLEGAL INTENTONALLY DEFRAUDING A XXXX XXXX XXXX XXXX ... PRISON TIME FAILURE TO PROPERLY ACCOUNT FOR ALL FUNDS AT ALL TIMES ... ILLEGAL ADDING RANDOM ILLEGAL FEES .... ILLEGAL BLAMING A COMPUTER THATS CAPABLE OF STEALING BILLIONS IN SECONDS???? \nSTILL YOUR PROBLEM ... YOU OWN IT ... YOU PROGRAMMED IT ... PAY YOUR LOSSES FROM YOUR PROFITS. IT 'S THE LAW IN BUSINESS AND BANKING.","date_sent_to_company":"2017-01-31T10:52:50.000Z","issue":"Loan servicing, payments, escrow account","sub_product":"FHA mortgage","zip_code":"34293","tags":"Older American","has_narrative":true,"complaint_id":"2319570","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NATIONSTAR MORTGAGE LLC","date_received":"2017-01-31T10:52:49.000Z","state":"FL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["NATIONSTAR HAS LIED TO THE CFPB AND THEY <em>HAVE</em> ALSO <em>IMPLEMENTED</em> A VISIBLE, CRIMINAL COVER-UP AS THEY ATTEMPT TO STEAMROLL VICTIMS AND STEAL HOMES ILLEGALLY FROM OWNERS WHILE SIMULTANEOUSLY COMMITTING INSURANCE FRAUD, CONSUMER FRAUD, AND <em>SECURITIES</em> AND EXCHANGE FRAUD WHEN YOU INCLUDE THE MASTERMINDS OF THE CRIME WAVE, XXXX XXXX, XXXX XXXX AND XXXX."]},"sort":[9.668842,"2319570"]},{"_index":"complaint-public-v1","_id":"10718799","_score":9.184881,"_source":{"product":"Debt collection","complaint_what_happened":"I XXXX XXXX XXXX XXXX XXXX Executor XXXX XXXX XXXX XXXX Nebraska XXXX United States of American I XXXX XXXX XXXX , have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. UCC 1-308 without prejudice Please remove these accounts immediately. I Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. \nXXXX XXXX XXXX XXXX HAVE VIOLATED MY RIGHTS [ XXXX PLEASE DELETE OR UPDATE LATE PAYMENT TO PAID XXXX XXXX THIS ACCOUNT XXXX XXXX XXXX XXXX HAVE VIOLATED MY RIGHT NAT ACCTSYS XX/XX/XXXX have VIOLATED MY RIGHTS I WIL LIKE {$1000.00} dollar for every violation its stopped me from gettIng a place to live and I have already sent letters and emails no response back delete these accounts immediately IMMEDIATE AND SEND CHECK BY MAIL. These accounts dose not match on all credit reports please delete 15 USC 1681e ( B ) NAT ACCT SYS : XXXX  ) CHILD SUPPORT : XXXX, XXXX and XXXX XXXX have removed and deleted this child support. I would like for XXXX and XXXX have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediately. TENNESSEE DEPT. OF H : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I dont not want the reporting any thing for me on my credit account I am a living man I can conduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a violation. I want this these account CLOSE WITH MONETARY RELIEF. They had fail to mail or email me a FRA Letter explaining my rights and show me proof of my wet signature.. Please remove these hard inquiries from my account I have not received no funds or service with these companies 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure. ( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. ( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ). ( 3 ) The finance charge, not itemized, using that term. ( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}. ( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments. ( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX TO THE UNITED STATES COURT OF APPEALS FOR THE XXXX XXXX XXXX XXXX Argued XX/XX/XXXX, XXXXDecided XX/XX/XXXX Respondents, XXXX XXXX XXXX whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349. ( a ) A plaintiff seeking XXXX redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Three principal factors determine whether a statutory provision creates a privately 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. To who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in XXXX I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the XXXX insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization . Please provide breakdown of fees including any collection costs and medical charges. Provide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails to respond to this validation request within 30 days from the date of your receipt. all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : XXXX, XXXX and XXXX ) request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. Without prejudice UCC 1-308 all rights reserved 15 U.S. Code 1692f - Unfair practices U.S. Code Notes A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.\n\n( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.\n\n( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.\n\n( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.\n\n( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.\n\n( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.\n\n( 7 ) Communicating with a consumerregarding a debt by post card.\n\n( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. \n\n( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information U.S. Code Notes prev | next ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. \n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095.\n\n)\n\n18 U.S. Code 1028 - Fraud and related activity in connection with identification documents, authentication features, and information U.S. Code Notes prev | next ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section.\n\n( b ) The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than five identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( 5 ) of such subsection ; or ( D ) an offense under paragraph ( 7 ) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under th","date_sent_to_company":"2024-11-13T15:50:19.000Z","issue":"Written notification about debt","sub_product":"Rental debt","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"10718799","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"National Account Systems of Omaha, LLC","date_received":"2024-11-06T18:11:21.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["<em>implement</em> or authentication <em>feature</em> with the intent such document-making <em>implement</em> or authentication <em>feature</em> will be used in the production of a false identification document or another document-making <em>implement</em> or authentication <em>feature</em> which will be so used ; ( 6 ) knowingly possesses an identification document or authentication <em>feature</em> that is or appears to be an identification document or authentication <em>feature</em> of the United States or a sponsoring entity of an event designated as a special event"]},"sort":[9.184881,"10718799"]},{"_index":"complaint-public-v1","_id":"9414884","_score":9.159246,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"On XX/XX/year>, I contacted what I believed to be CashApp support team, which I found on the website, to assist with rejecting a request for a money transfer. During this call, I was led to believe that 'CashApp ' needed to work in a secure environment to modify my security settings to be able to reject money transfer requests. I was provided with a XXXX  website that was used in the scheme. \nDuring this time, the scammer was able to dictate CashApp Cash Ins - moving money from my bank account into the CashApp platform, then changing the debit card account to its own accounts, and then dictating Cash Outs- moving money from the CashApp platform to the fraudulent accounts. \nThe total amount removed from my bank account on that day was {$11000.00}. An additional {$2.00} was removed from a fraudulent account ( I now believe so that the amounts would not match when I made the report ). The total amount transferred to the scammer 's banks was {$11000.00} and {$190.00} in instant deposit fees to the CashApp platform. The Cash Out ( withdrawals ) transactions for that day {$4000.00} ( {$3900.00} to XXXX XXXX XXXX, XXXX instant fee to CashApp ) ; {$4800.00} to ( {$4800.00} to XXXX XXXX XXXX, {$75.00} instant fee to CashApp ) ; {$1200.00} ( {$1200.00} to XXXXXXXX XXXX XXXX {$22.00} instant fee to CashApp ) ; {$970.00} ( {$950.00} to XXXXXXXX XXXX XXXX, {$16.00} instant fee to CashApp ), and {$800.00} ( {$780.00} to XXXXXXXX XXXX XXXX, {$14.00} instant fee to CashApp ). The amounts were fraudulently transferred to a third-party bank account that I do not own, have no access to and are not linked to my bank account ending in XXXX. The fact that the accounts were not linked to my bank account on file should have been enough proof for CashApp to dispute the transactions with the external banks. \nI reported this issue to the police in my city. The detective has since obtained a subpoena and was able to get full details for the accounts which show they do not belong to me. I provided the CashApp support team with the police report number, the fraudulent phishing website details, the full account number to XXXX of the Cash Out XXXX XXXX account numbers used during the fraudulent call, and several contact numbers that were also involved in the cash out scheme. I explained to CashApp support that the Cash in Cash Out transactions ( specifically the amounts ) were atypical for my account. In fact, with the exception of biweekly {$25.00} stock purchases, I had never used my account for the Cash In Cash Out feature. I have since Cashed Out all of my stocks within the CashApp platform due to these fraudulent acts. \nMost importantly, I requested that Cashapp disputes the transactions with XXXX XXXX  and XXXX XXXX XXXX. Once those disputes are made, the banks would not be able to show that my linked bank account ending in XXXX has any connection with the cards used to Cash Out. The fraudsters would not be able to prove I have any connection to them ; therefore, they would have to reverse those transactions. However, CashApp has not been helpful in providing any meaningful assistance. Despite multiple attempts to contact their support team, I have received generic responses that do not address the specific issues of my case. This lack of support is frustrating and leaves me feeling vulnerable to further fraudulent activities on the platform. \nA CashApp team member explained that CashApp either ignored algorithms that were put in place to deny any repetitive transaction amounts ( the Cash Ins - withdrawals from my actual bank account were repetitive amounts- XXXX for {$1300.00}, XXXX for {$2400.00}, the other amounts ) The other amounts : {$1200.00}, {$970.00}, and {$800.00}, were pending activities in my CashApp account. \nI believe that CashApp is responsible for a greater portion of this loss due to its own security lapse resulting in unauthorized transactions and potential data breaches. It either ignored algorithms that were put in place to deny any repetitive transaction amounts, or algorithms did not work on that day ; the app did not request any predicate information ( name, account information, proof that any changed debit card account belonged to me, the CashApp owner ) ; it did not force me, the CashApp owner, to confirm that the new debit card account was linked to the bank account number on the Cashapp file ) ; it allowed a secondary website ( XXXX ) to be able to run in the background and access its app without prompting the CashApp owner that it was being accessed fraudulently ; CashApp did not allow me to access support from a secondary computer while a fraudulent website accessed my account. I tried to log in from another computer because I sensed something was wrong. Although CashApp sent me identity passcodes, it did not allow me to log in using those identity codes to the true CashApp support during the fraudulent call. Consequently, I mistakenly believed the fraudulent call was with CashApp support. I hope that CashApp will take these matters more seriously and implement better security measures to protect its users and help thwart fraudulent activities.","date_sent_to_company":"2024-07-03T17:23:15.000Z","issue":"Fraud or scam","sub_product":"Mobile or digital wallet","zip_code":"76039","tags":null,"has_narrative":true,"complaint_id":"9414884","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Block, Inc.","date_received":"2024-07-03T14:54:08.000Z","state":"TX","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I hope that CashApp will take these matters more seriously and <em>implement</em> better <em>security</em> measures to protect its users and help thwart fraudulent activities."]},"sort":[9.159246,"9414884"]},{"_index":"complaint-public-v1","_id":"3775152","_score":6.8410487,"_source":{"product":"Mortgage","complaint_what_happened":"Days after setting up automated withdrawals with my initial loan servicer, the loan was transferred to the service of Flagstar. As a result, the automatic payment feature that I had just implemented ( please see attached autopay confirmation ) was interrupted. It would be more than four months before I realized that none of my mortgage payments had been withdrawn. I understand this is a long time without realizing withdrawals were not being made. But, a quick look at my credit history and its clear that the methods I used to ensure my bills were paid was successful. One hundred percent successful until this incident. \n\nThis was, and still is, absolutely sickening to me. My biggest fear related to the home purchase was specifically being late on a payment and damaging my credit. And this is exactly the reason I set up automatic payments in the first place. To remove human error. To give me peace of mind. To know that I will never be late on any payment to a lender. That is also why my credit report and credit score are near perfect ( again, the only blemish being this issue with Flagstar ). Every single other account I have open currently has no record of any late payment. \n\nXX/XX/XXXX was the first time I was made aware that my automated monthly mortgage payments had not been processed. The situation was aggravated by a long period of time between closing and the date of the first payment. This concerned me, so I set up autopay with XXXX and scheduled the first payment well in advance of the due date. I did this specifically to protect myself against any possible problems that can occur when first initializing autopay. Additionally, and even though it would never be an issue, I established overdraft protection with my personal bank, XXXX XXXX. A week or two after setting up autopay with XXXX, I received a hard copy confirmation, via mail, verifying autopay was set up successfully. \n\nAfter receiving that letter, I was supremely confident that I had covered all my bases. I had done everything possible to ensure my mortgage payments would never be missed, late, or not received for any reason. Or, so I thought. There would be more than four months between me receiving the confirmation letter from XXXX and me to go through my junk mail. Somewhere in that pile of junk was a letter from a bank, of which I had never heard before, trying to get my attention with mentions of litigation, missed mortgage payments, debt collection agencies, foreclosure, and more.. After re-reading a few times, frantically combing through my bank statements ( still, I thought it was a misunderstanding ), I came to the understanding, for the very first time, that a new company ( XXXX XXXX ) had purchased my loan, that the service provider was now different, and with this change the new provider ( Flagstar Bank ) would now require that I go through the automated payment sign-up process again in order to continue them. To my knowledge, I didn't receive any phone or email messages letting me know there was any sort of issue or problem. Indeed, in late XX/XX/XXXX, two months after the first missed payment, I was approved for an auto loan. My credit was scrutinized during this process and came back with nothing that would suggest I was delinquent on my mortgage. \n\nIncredulous, I immediately called XXXX and spoke with a representative. I let them know my non-payment had nothing to do with insufficient funds, or any reason other than honest oversight and unfortunate coincidence. This was my first home purchase, and I was not aware that the first month is typically when these mortgages are purchased by other companies to be used as investment securities. I still would have assumed the automated payments would continue, but I would have been more vigilant over my bank statements to ensure the money was being automatically withdrawn. \n\nI was a wreck and the XXXX representative was fantastic that day ( XX/XX/XXXX ), and quickly relieved my concern and helped me make things right. Unfortunately, her calm dont worry about a thing, well take care of it right now, belied just how serious this situation was, and how it could haunt me for up to SEVEN YEARS!! As far as credit reporting and future loan opportunities are concerned, having a 90-day late mark on my history is potentially as troubling as having a personal bankruptcy. \n\nUnaware of the severity of the situation at the time, I ultimately paid the entire lump-sum to get current ( {$7000.00} ). I did not ask for any sort of accommodation or to enroll in payment plan installments as this was a technical issue, not a financial distress situation ( which I can prove and have offered to prove ). I also established autopay with Flagstar that same day and have been vigilantly overseeing payments to ensure this never happens again, which, from my credit report, shows clearly that it has not. \n\nFast forward to XX/XX/XXXX. With mortgage rates reaching all-time lows, I reached out to my broker to inquire about refinancing as I was hoping to take advantage of the lowered interest rates. He informed me that an initial pre-verification showed that I would be approved for a 3.25 % interest rate. But he also informed me of a 90-day non-payment disclosure on my credit report from Flagstar. I was in disbelief upon hearing this. The missed payments were unquestionably due to a technical issue. The account was made current as soon as the error was discovered. And the person I spoke to made it seem as though no credit agencies had or would be contacted. \n\nI explained all the above to my mortgage broker. Unphased, he replied that because this was a technical issue, I should have no problem disputing it by calling or writing Flagstar, and that they would be able to remove it from my credit report. So, after speaking with my broker, I mailed a letter to Flagstar detailing the events and asking that they remove the 90-day non-payment from my credit report. I received a reply a few weeks later stating my request was denied. I was incredulous. My entire adult life making sure I kept an impeccable credit history, completely wiped away by one technical oversight.\n\nSince then, I have placed four phone calls to Flagstar, waiting on hold for at least 30 minutes in all four instances, and have spoken with more than five separate agents. They all stated that since they tried to contact me, there was no fault on their end and they would not entertain the idea of removing this from my credit report. My latest phone calls were placed this past XXXX as I had been told from my mortgage broker that after one year, I may be able to call again to see if my credit report could be adjusted. The representatives at Flagstar continued to be uninterested in hearing my side of the story, or that is was even plausible that someone wouldnt receive mail or voicemails from them. What I found to be surprising and insulting was the refinancing offer from Flagstar in XX/XX/XXXX XXXX attached ) for a lower interest rate only to be told over the phone that I was ineligible for that offer due to the 90-day non-payment they refuse to remove.\n\nThis entire situation has been a nightmare and the fact that it could remain on my credit report for possibly seven years is incredibly distressing. I am clearly not someone with questionable credit or a questionable credit history. My credit is excellent, and my entire credit report is flawless up until Flagstar acquired the loan from XXXX and my automatic payments were no longer being accepted. This was in no way due to financial distress - which I was, and am more than willing, to prove - and my credit reflects this.","date_sent_to_company":"2020-08-02T22:32:05.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"802XX","tags":null,"has_narrative":true,"complaint_id":"3775152","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Flagstar Bank, N.A.","date_received":"2020-08-02T22:21:52.000Z","state":"CO","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["This was my first home purchase, and I was not aware that the first month is typically when these mortgages are purchased by other companies to be used as investment <em>securities</em>. I still would <em>have</em> assumed the automated payments would continue, but I would <em>have</em> <em>been</em> more vigilant over my bank statements to ensure the money was being automatically withdrawn."]},"sort":[6.8410487,"3775152"]},{"_index":"complaint-public-v1","_id":"11293497","_score":5.8194375,"_source":{"product":"Mortgage","complaint_what_happened":"Subject : Complaint Regarding Inaccurate Late Payment Reporting and Lack of Resolution by United Wholesale Mortgage ( UWM ) Dear Consumer Financial Protection Bureau ( CFPB ), I am filing this complaint against United Wholesale Mortgage ( UWM ) due to their inaccurate reporting of a late payment on my credit report for XX/XX/year>. This late payment was caused by systemic errors in UWMs processes, insufficient training of their customer support staff, and inefficient internal procedures. Despite my strong intention and efforts to make the payment on time, UWMs mishandling of the situation has caused significant financial, emotional, and personal harm to me and my family. Below, I provide a detailed account of the issue and its consequences. \n\nBackground XXXX. Mortgage Account Details : - Loan Number : As per instructions to be provided on request - My mortgage account has always been configured for auto-draft payments from my XXXX  XXXX  XXXX account XXXX with sufficient funds available to cover payments. \nXXXX. What Happened : - In XX/XX/year>, UWMs technical issues, coupled with inefficient internal processes, caused the auto-draft payment to fail. Despite my repeated attempts to address the issue, UWMs delayed resolution led to the payment being reported as late to credit bureaus. \n- A senior XXXX assured me in XX/XX/year> that the late payment was caused by UWMs technical error and that there would be no late payment fees or negative credit report impact. \n- Despite this assurance, UWM reported the late payment, which has significantly impacted my credit score. \nXXXX. Contradiction : Bad Account Number Claim : - My XXXX  XXXX XXXX account has been successfully used for payments since the beginning of my mortgage. This same account was used without issue to process auto-draft payments every month before XX/XX/year>. \n- On XX/XX/year>, UWM falsely claimed that the payment failed in XX/XX/year> due to a bad account number. \n- If my account number was truly bad, then how was this same account successfully used for payments both before and after XX/XX/year>? This claim is illogical and inconsistent with UWMs own payment records. \n- This statement appears to be an attempt to shift blame onto me as the customer, despite clear evidence that the issue was caused by UWMs internal errors. \n\n\nJonathans Statements and UWMs Lack of Accountability On XX/XX/year>, I spoke with Senior Customer Support XXXX XXXX ( Employee ID : XXXX ) regarding the unresolved issue. During this conversation, XXXX made troubling statements that reflect UWMs lack of accountability and support for customers : XXXX. System Issues Do Not Excuse Late Payments : - XXXX stated that regardless of whether UWMs system to submit payments was working or faulty, or if UWM failed to provide sufficient means to receive payments, I, as the customer, am still responsible for making payments on time. \n- This statement is deeply concerning because it suggests that UWM places the entire burden of resolving payment system issues on the customer, even when the issue arises from their system. \nXXXX. Customer Support Commitments Have No Meaning : - XXXX explicitly stated that UWMs customer support team is not responsible for troubleshooting issues with their payment systems and that commitments made by the team carry no weight. \nXXXX. Auto-Draft Confusion and Bank Account XXXX : - XXXX also stated that UWM does not save customers ' bank account numbers and has no capability to see them. While this might seem beneficial for customer security, it raises a critical question : - If UWM does not save my bank account number, how does their auto-draft feature function? \n- How are they able to send requests to my bank for payment if my bank account number is not stored in their system? \n\nThis inconsistency in UWMs processes is both confusing and illogical, raising further doubts about their internal systems and accountability. \n\nThese remarks left me feeling frustrated and helpless. They highlight UWMs failure to provide a reliable payment system and their unwillingness to take responsibility for resolving customer issues. \n\n\nMultiple Mortgage Statements in XX/XX/year> XXXX. Conflicting Payment Messages : - It recently came to my attention that UWM generated three different mortgage statements for my account between XX/XX/year>, and XX/XX/year>. \n- On XX/XX/year>, I received a payment confirmation message from UWM stating that my payment had been successfully received. This message led me to believe that the issue was resolved and there was no further action required on my part. \n- Since my account was configured for auto-draft payments and I had received a confirmation message, there was no reason for me to log into UWMs portal to check additional mortgage statements or verify payment status. \nXXXX. Misleading Confirmation Message : - If the payment was not successfully received, why did UWM send a misleading confirmation message? This practice appears to be another example of poor communication and internal inefficiencies designed to confuse consumers and shift responsibility onto them unnecessarily. \n\nMishandling of the Issue XXXX. Confusing Notification System : - UWM occasionally sends email notifications stating, You have a notification in the document center. However, when I check the document center, the only items available are routine monthly statements with no mention of the notifications referenced in their email. \n- This lack of clarity and poor user interface make it unnecessarily difficult to access important information. I believe this practice is intentional to discourage consumers from easily resolving issues or reviewing critical notifications. \n- I will attach a screenshot demonstrating this confusing notification system for your review. \nXXXX. Failure to Resolve the Dispute : - Formal requests on XX/XX/year>, and XX/XX/year>, for an investigation report, technical audit, and evidence of fault were ignored. \n- On XX/XX/year>, XXXX falsely claimed the payment failure was due to a bad account number, directly contradicting assurances from their team that the issue was not my fault. \nXXXX. Unprofessional Behavior by UWM Staff : - On XX/XX/year>, Senior Customer Support XXXX XXXX dismissed my concerns and refused to provide requested documentation, further reflecting the lack of professionalism and accountability. \n\n\nRequested Resolution I respectfully request CFPBs assistance to : XXXX. Require UWM to remove the late payment record from my credit report, as it was caused by their technical and procedural errors, not my actions. \nXXXX. Investigate UWMs practices, including their communication failures, unprofessional handling of disputes, insufficient customer support training, and inefficient internal processes. \nXXXX. Ensure transparency by requiring UWM to provide : - A technical audit report identifying the root cause of the payment failure. \n- Call logs and voice recordings related to my account. \n- A detailed investigation report proving any fault on my part. \nXXXX. Implement measures to prevent similar issues from impacting other consumers. \n\n\nSupporting Documentation I have attached the following supporting documents : XXXX. Mortgage statements from XX/XX/year> showing discrepancies in payment status. \nXXXX. Bank statement confirming that that the account used for payment had sufficient balance to satisfy the due payment XXXX. Payment confirmation messages, including the misleading one sent on XX/XX/year>. \nXXXX. Correspondence with UWM. \nXXXX. A screenshot demonstrating the confusing notification system in UWMs document center. \n\n\nConclusion UWMs failure to resolve this issue, their conflicting explanations, and their unprofessional handling of the matter have caused significant financial harm. Their actionsor inactionshave tarnished my credit history, created undue emotional stress, and disrupted my personal and family life. Despite my good intentions and diligent efforts to make the payment on time, I have been unfairly penalized due to their technical errors, inefficient processes, poorly trained customer support staff, and misleading communication practices. \n\nThis inaccurate reporting has far-reaching consequences, including impacts on my ability to refinance my mortgage, secure better financial terms, and achieve future financial goals. The uncertainty surrounding this issue has disrupted my households financial stability and caused undue worry for my family. \n\nThe lack of transparency in UWM 's handling of this matter raises serious concerns about their commitment to consumer protection and accountability. As a financial institution, UWM relies on trust, and their failure to honor commitments jeopardizes their credibility and consumer confidence.\n\nI urge CFPB to require UWM to review their systems, internal processes, and customer support training to prevent similar errors from harming other consumers in the future. \nI respectfully request CFPBs assistance in holding UWM accountable and ensuring a fair resolution to this matter. Please let me know if additional information is required.","date_sent_to_company":"2024-12-28T03:58:00.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Conventional home mortgage","zip_code":"070XX","tags":null,"has_narrative":true,"complaint_id":"11293497","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"United Shore Financial Services, LLC","date_received":"2024-12-28T03:22:20.000Z","state":"NJ","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["While this might seem beneficial for customer <em>security</em>, it raises a critical question : - If UWM does not save my bank account number, how does their auto-draft <em>feature</em> function? \n- How are they able to send requests to my bank for payment if my bank account number is not stored in their system? \n\nThis inconsistency in UWMs processes is both confusing and illogical, raising further doubts about their internal systems and accountability. \n\nThese remarks left me feeling frustrated and helpless."]},"sort":[5.8194375,"11293497"]},{"_index":"complaint-public-v1","_id":"10466832","_score":5.678792,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"My Father is a homeowner with no mortgage. He is retired from the XXXX XXXX and the XXXX XXXX XXXXXXXX. My father has an XXXX XXXX score and has never missed or has been late paying his credit obligations. I just established my own XXXX ; previously, I had bad/no credit with a total balance due reflecting on XXXX, XXXX, and Experian credit reports of no more than {$3500.00}. In XX/XX/XXXX, a car lender, XXXX XXXX, garnished my wagesXXXX XXXXXXXX in Arizona. XXXX XXXX gave me three different car loans after I defaulted on the first Loan in XXXX. XXXX XXXX gave me two car loans back to back. The first car was a XXXX, The second was a XXXX, and the third loan was for a XXXX. I was allowed to be a cosigner for my brother 's loan at XXXX XXXX even after defaulting on the two previous loans. All three vehicles were repossessed, and I thought that was the end of XXXX XXXX and the predatory loans. However, in XXXX, XXXX XXXX began garnishing my wages. The court clerk told me that \" XXXX XXXX does this all the time, '' as I explained to her that the statute of limitation on those three loans is done, and it's been over 14 years. In XXXX of XXXX, XXXX XXXX was garnishing my wages, and at the time, I only made {$14.00} an hour. They got {$250.00} every two weeks from my paycheck and refused to stop. I tried talking with them and was told the garnishment would stop if I filed for bankruptcy and got an attorney. \nI was homeless at the time and newly employed. As of XXXX, neither loan was listed on my credit report, and 14 years passed. I paid a document processor {$250.00} to prepare my documents, and on XX/XX/XXXX, I was forced to file bankruptcy. My total debt was XXXX ; XXXX was for the car loan on a XXXX XXXX XXXX factory model. I never received any other document besides the initial loan documents, and neither of the XXXX defaulted loans from XXXX XXXX was on my credit report. XXXX XXXX sold that XXXX for {$14000.00}, and I was still on the hook for over {$26000.00} per XXXX XXXX predatory lending and unethical business practices. \nMy bankruptcy was XXXX in XX/XX/XXXX. At that time, I had a balance due totaling {$3500.00} or less on my credit report. There were no mortgages or auto loans. The majority of the negative accounts on my credit were medical bills and utility accounts. The accounts were small-dollar accounts, and they were beginning to fall off my credit report. \nI have explained my financial situation regarding bankruptcy filing and why I was forced to file. My credit journey is different than most. Most individuals who file for bankruptcy do so after a foreclosure, multiple vehicle repossessions, a divorce, medical bills accumulation, and defaulted student loans. Individuals who file for bankruptcy usually file once they're overwhelmed with debt and {$500000.00} or more in debt and can no longer sustain themselves or their families financially. I was only {$29000.00} in debt and was forced to file bankruptcy ; again, {$26000.00} of that was for the vehicle judgment alone. The debt was too old to be on my credit file. At this time, I did not have a credit score. I stopped utilizing credit options, and the small balanced past due medical and utility bills were falling off my credit file. After filing for bankruptcy, I found it difficult to find any literature about rebuilding credit specific to my financial situation. I never had a home loan or mortgage that was foreclosed on or a defaulted student loan. I've never owed anyone that much money, so to file bankruptcy the way that I did put me in a different situation than most borrowers who seek bankruptcy protection. \nSo, I am researching and reading literature related to my particular situation and the fact that I didn't have a credit score and never had one until I was almost XXXX XXXX XXXX. \nBefore I filed for bankruptcy, I had no established credit, no foreclosure, no {$800000.00} debt, no established credit or credit score, and no information on improving or establishing credit per my specific financial challenges. \nMy father, who has never defaulted on his financial obligations, has a credit score of XXXX and has paid off two houses. The latest house was paid off in XXXX XXXX. Reading the information on the credit reporting agencies and even the CFPB 's websites offers no guidance on my particular financial situation. I finally got a credit score in XX/XX/XXXX. \nFast forwarding to XX/XX/XXXX, I finally asked my father, who has an almost perfect credit score and is extremely responsible financially, If I could be added as an authorized user on one of his credit cards because I lack the utilization and the credit history. I have low credit card limits, so my utilization is very high, and due to a dispute with my employer, I inadvertently had to get a student loan, and that was appearing on my credit report in the forbearance status as of XXXX of XXXX. On XX/XX/XXXX, my father agreed to add me as an authorized user on his XXXX XXXX credit card with a {$25000.00} credit limit and {$0.00} balance. No past due or collections have ever been reported on that credit card, which was opened in XXXX of XXXX. The literature I'm reading from the credit reporting agencies and other government agencies websites is that to help you build credit or establish credit, one of the options is to be added as an authorized user on someone's credit card who is responsible financially. The literature suggested that this strategy can help me improve my credit score if implemented correctly according to the instructions provided. The XXXX XXXX credit card hit my credit report on XX/XX/XXXX, and reflects that fact on all three credit reporting agencies ' credit reports. However, these agencies do not recognize that I'm an authorized user and that my utilization has gone from 99 % to 11 %. My credit history now says twenty-one years instead of three and seven months. With the added account, my utilization is now excellent at 11 %. My credit or credit history length is 21 years. My overall debt is showing positive because of the {$25000.00} credit limit on the XXXX XXXX credit card, no past due balances, no collections, and no inquiries. As of XXXX, the only new accounts were student loans, so the credit mix is also excellent, even though I have no mortgage or car loan. \nWhen I received the alert that a credit card was added to my credit file, I immediately logged on to experian.com to check my XXXX score ; despite all the positive factors added thanks to the XXXX XXXX credit card, my credit score decreased. I once again went on the websites and began to read additional literature about building your credit, rebuilding your credit, or establishing credit, and nothing in the literature that I'm reading says that when all factors are presented positively, your credit score decreases. \nAfter reviewing my credit files, I discovered that Experian had ignored the claim line altogether. Even though the XXXXXXXX XXXX credit card was added to my credit file as an authorized user account, my credit file still reflects the same data as if the card was not added. The data on all three credit reporting agency sites shows that the XXXX XXXX credit card is not considered and is ignored as if it was never there. \nHow does my credit history or age of oldest account increases from three years seven months to twenty one years, my pecentage of available credit has decreased from 97 % to 11 %, and my available credit increases from {$96.00} to {$25000.00}, with no inquiries, no collections or past due marks, and my XXXX credit score decreases? \nI spoke to Experian a few times, and I was not satisfied with the answers that I received because they were different. The first answer I received was that Experian does not recognize authorized users ' accounts even though the website has pervasive literature and instructions on becoming an authorized user. It lists that strategy as a means of boosting one 's credit score. The second answer I received from Experian is that because the XXXXXXXX XXXX card was opened in XXXX and not reported on my credit file immediately, it does not count and will not be considered. If it does, it will have an open date, not XXXX. I explained to the Experian representative that that was ludicrous, and XXXX XXXX XXXX  were done in XXXX but did not hit my credit file until XXXX, so what he told me did not make sense. I checked XXXX, XXXX, and Experian, and the only thing that increased was the XXXX score, which no one uses to establish if you are credit-worthy. As a matter of fact, my XXXX Score increased by XXXX points on XX/XX/XXXX, and my XXXX score decreased. \nMy complaint and concern is regarding the algorithms that are used to establish if someone is creditworthy or not because algorithms that are being used to determine my creditworthiness are seriously flawed. The system is XXXX and has been taught to implement barriers automatically and omits information that it should be considering, and it is because of XXXX XXXX and other systemic factors. \nThe information provided that I have been reading for years does not pertain to my particular situation because I never had credit to begin with, and I am a XXXXXXXX XXXX. When I filed for bankruptcy. I never had a house loan. I never had established credit. It is a proven fact that white women can reestablish credit much easier after bankruptcy if they are XXXX in debt, which includes a foreclosure, car loan that has defaulted credit card debt over XXXX, and defaulted student loans. After the bankruptcy is XXXX per the algorithm, white women can walk into a bank the next day and get a mortgage and credit cards from the same back they added to their bankruptcy. \nLooking at all the factors, my credit score should not have dropped. It may not have significantly increased my XXXX XXXX, but it should have increased it. I tried to use the XXXX feature on the Experian website. Again, it shows me all my recurring payments in the finance section and even breaks them down per category. I have linked all my financial accounts, but their site does not recognize anything that can be boosted. What a joke. I am convinced, and there is no other explanation, that the credit system is XXXX. I need to know how I can correct this and why I can not get a correct answer as to why there is a discrepancy with how the credit reporting agencies consider authorized users ' accounts. I requested to speak to supervisors. I'm still waiting to talk to a supervisor. No one calls me back. If you recognize my reoccurring payments, you should also attach that to the boost, as I understood it per the literature on the Experian website. \nAlso, after speaking with the Experian representative today, I noticed that my personal information is now incorrect. My name is now misspelled, and my Social Security numbers are transposed and not in the correct order. The Experian credit file is the only one that has added incorrect information, and I do not know where the information came from or who reported it to my file. I check my credit files every day, and this change has occurred. I shared with the Experian representative that the California address that was listed is not my address ; it's my father 's, and I never lived there, but when I checked the dispute, I saw that a Minnesota XXXX XXXX XXXX been removed. I never saw that address and did not know it was there, as it did not show when I refreshed my credit file on XX/XX/XXXX. The dispute results do not show the California address at all. Experian has manipulated my credit file and allowed others to add incorrect data and should not have access to my credit file, period. The system is creating XXXX barriers so that I do not increase my credit score or any factors that would increase my score. Experian has made it to decrease my score because my name is XXXX XXXX, indicating that I'm an XXXX XXXX \nI have asked several times to speak to a supervisor because nothing makes sense, and maybe there's some glitch in the system. Every time I have been refused, I have been told that I will be put on a list and have a supervisor call me back within 72 hours. I am still waiting to receive that call. \nI demand that Experian show the formula of the algorithm that was used to create my credit file and all the activities that have transpired thus far because I am convinced that the algorithm that they are using is XXXX against XXXX XXXX It's systemic racism and XXXX boundaries that have been plaguing our communities will never be remedied if the credit reporting agencies do not address the apparent problems with their reporting system. If I were a white woman who has {$800000.00} in debt, which includes foreclosure, and I filed for bankruptcy, once it's discharged, I can get another mortgage. I can go get a car loan. I can get a credit card, and my credit score will increase to XXXX ; there would be no problem obtaining credit again. \nUnfortunately, I'm an XXXX XXXX. I'm in my late XXXX, and I'm still seeing these XXXX barriers that are created to ensure I never get a house and achieve my overall goal of home ownership. I want Experian to explain why my XXXX score decreased and why the XXXXXXXX XXXX credit file is not being considered. I also have the call with Experian recorded.","date_sent_to_company":"2024-10-15T07:35:51.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"85017","tags":null,"has_narrative":true,"complaint_id":"10466832","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-10-15T07:21:31.000Z","state":"AZ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Every time I <em>have</em> <em>been</em> refused, I <em>have</em> <em>been</em> told that I will be put on a list and <em>have</em> a supervisor call me back within 72 hours. I am still waiting to receive that call."]},"sort":[5.678792,"10466832"]},{"_index":"complaint-public-v1","_id":"10466735","_score":5.678792,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"My Father is a homeowner with no mortgage. He is retired from the XXXX XXXX and the XXXX XXXX XXXXXXXX. My father has an XXXX XXXX score and has never missed or has been late paying his credit obligations. I just established my own XXXX ; previously, I had bad/no credit with a total balance due reflecting on Transunion, XXXX, and XXXX credit reports of no more than {$3500.00}. In XX/XX/XXXX, a car lender, XXXX XXXX, garnished my wagesXXXX XXXXXXXX in Arizona. XXXX XXXX gave me three different car loans after I defaulted on the first Loan in 2010. XXXX XXXX gave me two car loans back to back. The first car was a XXXX, The second was a XXXX, and the third loan was for a XXXX. I was allowed to be a cosigner for my brother 's loan at XXXX XXXX even after defaulting on the two previous loans. All three vehicles were repossessed, and I thought that was the end of XXXX XXXX and the predatory loans. However, in XXXX, XXXX XXXX began garnishing my wages. The court clerk told me that \" XXXX XXXX does this all the time, '' as I explained to her that the statute of limitation on those three loans is done, and it's been over 14 years. In XXXX of XXXX, XXXX XXXX was garnishing my wages, and at the time, I only made {$14.00} an hour. They got {$250.00} every two weeks from my paycheck and refused to stop. I tried talking with them and was told the garnishment would stop if I filed for bankruptcy and got an attorney. \nI was homeless at the time and newly employed. As of XXXX, neither loan was listed on my credit report, and 14 years passed. I paid a document processor {$250.00} to prepare my documents, and on XX/XX/XXXX, I was forced to file bankruptcy. My total debt was XXXX ; XXXX was for the car loan on a XXXX XXXX XXXX factory model. I never received any other document besides the initial loan documents, and neither of the three defaulted loans from XXXX XXXX was on my credit report. XXXX XXXX sold that XXXX for {$14000.00}, and I was still on the hook for over {$26000.00} per XXXX XXXX predatory lending and unethical business practices. \nMy bankruptcy was discharged in XX/XX/XXXX. At that time, I had a balance due totaling {$3500.00} or less on my credit report. There were no mortgages or auto loans. The majority of the negative accounts on my credit were medical bills and utility accounts. The accounts were small-dollar accounts, and they were beginning to fall off my credit report. \nI have explained my financial situation regarding bankruptcy filing and why I was forced to file. My credit journey is different than most. Most individuals who file for bankruptcy do so after a foreclosure, multiple vehicle repossessions, a divorce, medical bills accumulation, and defaulted student loans. Individuals who file for bankruptcy usually file once they're overwhelmed with debt and {$500000.00} or more in debt and can no longer sustain themselves or their families financially. I was only {$29000.00} in debt and was forced to file bankruptcy ; again, {$26000.00} of that was for the vehicle judgment alone. The debt was too old to be on my credit file. At this time, I did not have a credit score. I stopped utilizing credit options, and the small balanced past due medical and utility bills were falling off my credit file. After filing for bankruptcy, I found it difficult to find any literature about rebuilding credit specific to my financial situation. I never had a home loan or mortgage that was foreclosed on or a defaulted student loan. I've never owed anyone that much money, so to file bankruptcy the way that I did put me in a different situation than most borrowers who seek bankruptcy protection. \nSo, I am researching and reading literature related to my particular situation and the fact that I didn't have a credit score and never had one until I was almost XXXX XXXX XXXX. \nBefore I filed for bankruptcy, I had no established credit, no foreclosure, no {$800000.00} debt, no established credit or credit score, and no information on improving or establishing credit per my specific financial challenges. \nMy father, who has never defaulted on his financial obligations, has a credit score of XXXX and has paid off two houses. The latest house was paid off in XXXX XXXX. Reading the information on the credit reporting agencies and even the CFPB 's websites offers no guidance on my particular financial situation. I finally got a credit score in XX/XX/XXXX. \nFast forwarding to XX/XX/XXXX, I finally asked my father, who has an almost perfect credit score and is extremely responsible financially, If I could be added as an authorized user on one of his credit cards because I lack the utilization and the credit history. I have low credit card limits, so my utilization is very high, and due to a dispute with my employer, I inadvertently had to get a student loan, and that was appearing on my credit report in the forbearance status as of XXXX of XXXX. On XX/XX/XXXX, my father agreed to add me as an authorized user on his XXXX XXXX credit card with a {$25000.00} credit limit and {$0.00} balance. No past due or collections have ever been reported on that credit card, which was opened in XXXX of XXXX. The literature I'm reading from the credit reporting agencies and other government agencies websites is that to help you build credit or establish credit, one of the options is to be added as an authorized user on someone's credit card who is responsible financially. The literature suggested that this strategy can help me improve my credit score if implemented correctly according to the instructions provided. The XXXX XXXX credit card hit my credit report on XX/XX/XXXX, and reflects that fact on all three credit reporting agencies ' credit reports. However, these agencies do not recognize that I'm an authorized user and that my utilization has gone from 99 % to 11 %. My credit history now says twenty-one years instead of three and seven months. With the added account, my utilization is now excellent at 11 %. My credit or credit history length is 21 years. My overall debt is showing positive because of the {$25000.00} credit limit on the XXXX XXXX  credit card, no past due balances, no collections, and no inquiries. As of XXXX, the only new accounts were student loans, so the credit mix is also excellent, even though I have no mortgage or car loan. \nWhen I received the alert that a credit card was added to my credit file, I immediately logged on to experian.com to check my XXXX score ; despite all the positive factors added thanks to the XXXX XXXX credit card, my credit score decreased. I once again went on the websites and began to read additional literature about building your credit, rebuilding your credit, or establishing credit, and nothing in the literature that I'm reading says that when all factors are presented positively, your credit score decreases. \nAfter reviewing my credit files, I discovered that XXXX had ignored the claim line altogether. Even though the XXXX XXXX  credit card was added to my credit file as an authorized user account, my credit file still reflects the same data as if the card was not added. The data on all three credit reporting agency sites shows that the XXXX XXXX credit card is not considered and is ignored as if it was never there. \nHow does my credit history or age of oldest account increases from three years seven months to twenty one years, my pecentage of available credit has decreased from 97 % to 11 %, and my available credit increases from {$96.00} to {$25000.00}, with no inquiries, no collections or past due marks, and my XXXX credit score decreases? \nI spoke to XXXX a few times, and I was not satisfied with the answers that I received because they were different. The first answer I received was that XXXX does not recognize authorized users ' accounts even though the website has pervasive literature and instructions on becoming an authorized user. It lists that strategy as a means of boosting one 's credit score. The second answer I received from XXXX is that because the XXXX XXXX card was opened in XXXX and not reported on my credit file immediately, it does not count and will not be considered. If it does, it will have an open date, not XXXX. I explained to the XXXX representative that that was ludicrous, and my student loans were done in XXXX but did not hit my credit file until XXXX, so what he told me did not make sense. I checked Transunion, XXXX, and XXXX, and the only thing that increased was the XXXX score, which no one uses to establish if you are credit-worthy. As a matter of fact, my XXXX Score increased by XXXX points on XX/XX/XXXX, and my XXXX score decreased. \nMy complaint and concern is regarding the algorithms that are used to establish if someone is creditworthy or not because algorithms that are being used to determine my creditworthiness are seriously flawed. The system is racist and has been taught to implement barriers automatically and omits information that it should be considering, and it is because of my race and other systemic factors. \nThe information provided that I have been reading for years does not pertain to my particular situation because I never had credit to begin with, and I am a XXXX woman. When I filed for bankruptcy. I never had a house loan. I never had established credit. It is a proven fact that white women can reestablish credit much easier after bankruptcy if they are XXXX in debt, which includes a foreclosure, car loan that has defaulted credit card debt over XXXX, and defaulted student loans. After the bankruptcy is discharged per the algorithm, white women can walk into a bank the next day and get a mortgage and credit cards from the same back they added to their bankruptcy. \nLooking at all the factors, my credit score should not have dropped. It may not have significantly increased my credit score, but it should have increased it. I tried to use the Boost feature on the XXXX website. Again, it shows me all my recurring payments in the finance section and even breaks them down per category. I have linked all my financial accounts, but their site does not recognize anything that can be boosted. What a joke. I am convinced, and there is no other explanation, that the credit system is racist. I need to know how I can correct this and why I can not get a correct answer as to why there is a discrepancy with how the credit reporting agencies consider authorized users ' accounts. I requested to speak to supervisors. I'm still waiting to talk to a supervisor. No one calls me back. If you recognize my reoccurring payments, you should also attach that to the boost, as I understood it per the literature on the XXXX website. \nAlso, after speaking with the XXXX representative today, I noticed that my personal information is now incorrect. My name is now misspelled, and my Social Security numbers are transposed and not in the correct order. The XXXX credit file is the only one that has added incorrect information, and I do not know where the information came from or who reported it to my file. I check my credit files every day, and this change has occurred. I shared with the XXXX representative that the California address that was listed is not my address ; it's my father 's, and I never lived there, but when I checked the dispute, I saw that a Minnesota XXXX XXXX had been removed. I never saw that address and did not know it was there, as it did not show when I refreshed my credit file on XX/XX/XXXX. The dispute results do not show the California address at all. XXXX has manipulated my credit file and allowed others to add incorrect data and should not have access to my credit file, period. The system is creating racial barriers so that I do not increase my credit score or any factors that would increase my score. XXXX has made it to decrease my score because my name is XXXX XXXX, indicating that I'm an XXXX woman. \nI have asked several times to speak to a supervisor because nothing makes sense, and maybe there's some glitch in the system. Every time I have been refused, I have been told that I will be put on a list and have a supervisor call me back within 72 hours. I am still waiting to receive that call. \nI demand that XXXX show the formula of the algorithm that was used to create my credit file and all the activities that have transpired thus far because I am convinced that the algorithm that they are using is racist against XXXX XXXX. It's systemic racism and racial boundaries that have been plaguing our communities will never be remedied if the credit reporting agencies do not address the apparent problems with their reporting system. If I were a white woman who has {$800000.00} in debt, which includes foreclosure, and I filed for bankruptcy, once it's discharged, I can get another mortgage. I can go get a car loan. I can get a credit card, and my credit score will increase to XXXX ; there would be no problem obtaining credit again. \nUnfortunately, I'm an XXXX  woman. I'm in my late XXXX, and I'm still seeing these racist barriers that are created to ensure I never get a house and achieve my overall goal of home ownership. I want XXXX to explain why my XXXX score decreased and why the XXXX XXXX  credit file is not being considered. I also have the call with XXXX recorded.","date_sent_to_company":"2024-10-15T07:36:03.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"85017","tags":null,"has_narrative":true,"complaint_id":"10466735","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-10-15T07:36:00.000Z","state":"AZ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["The system is racist and has <em>been</em> taught to <em>implement</em> barriers automatically and omits information that it should be considering, and it is because of my race and other systemic factors. \nThe information provided that I <em>have</em> <em>been</em> reading for years does not pertain to my particular situation because I never had credit to begin with, and I am a XXXX woman. When I filed for bankruptcy. I never had a house loan. I never had established credit."]},"sort":[5.678792,"10466735"]},{"_index":"complaint-public-v1","_id":"10467089","_score":5.6742115,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"My Father is a homeowner with no mortgage. He is retired from the XXXX XXXX and the XXXX XXXX XXXXXXXX. My father has an XXXX XXXX score and has never missed or has been late paying his credit obligations. I just established my own XXXX ; previously, I had bad/no credit with a total balance due reflecting on XXXX, Equifax, and XXXX credit reports of no more than {$3500.00}. In XX/XX/XXXX, a car lender, XXXX XXXX, garnished my wagesXXXX XXXXXXXX in Arizona. XXXX XXXX gave me three different car loans after I defaulted on the first Loan in XXXX. XXXX XXXX gave me two car loans back to back. The first car was a XXXX, The second was a XXXX, and the third loan was for a XXXX. I was allowed to be a cosigner for my brother 's loan at XXXX XXXX even after defaulting on the two previous loans. All three vehicles were repossessed, and I thought that was the end of XXXX XXXX and the predatory loans. However, in XXXX, XXXX XXXX began garnishing my wages. The court clerk told me that \" XXXX XXXX does this all the time, '' as I explained to her that the statute of limitation on those three loans is done, and it's been over 14 years. In XXXX of XXXX, XXXX XXXX was garnishing my wages, and at the time, I only made {$14.00} an hour. They got {$250.00} every two weeks from my paycheck and refused to stop. I tried talking with them and was told the garnishment would stop if I filed for bankruptcy and got an attorney. \nI was homeless at the time and newly employed. As of XXXX, neither loan was listed on my credit report, and 14 years passed. I paid a document processor {$250.00} to prepare my documents, and on XX/XX/XXXX, I was forced to file bankruptcy. My total debt was XXXX ; XXXX was for the car loan on a XXXX XXXX XXXX factory model. I never received any other document besides the initial loan documents, and neither of the three defaulted loans from XXXX XXXX was on my credit report. XXXX XXXX sold that XXXX for {$14000.00}, and I was still on the hook for over {$26000.00} per XXXX XXXX predatory lending and unethical business practices. \nMy bankruptcy was discharged in XX/XX/XXXX. At that time, I had a balance due totaling {$3500.00} or less on my credit report. There were no mortgages or auto loans. The majority of the negative accounts on my credit were medical bills and utility accounts. The accounts were small-dollar accounts, and they were beginning to fall off my credit report. \nI have explained my financial situation regarding bankruptcy filing and why I was forced to file. My credit journey is different than most. Most individuals who file for bankruptcy do so after a foreclosure, multiple vehicle repossessions, a divorce, medical bills accumulation, and defaulted student loans. Individuals who file for bankruptcy usually file once they're overwhelmed with debt and {$500000.00} or more in debt and can no longer sustain themselves or their families financially. I was only {$29000.00} in debt and was forced to file bankruptcy ; again, {$26000.00} of that was for the vehicle judgment alone. The debt was too old to be on my credit file. At this time, I did not have a credit score. I stopped utilizing credit options, and the small balanced past due medical and utility bills were falling off my credit file. After filing for bankruptcy, I found it difficult to find any literature about rebuilding credit specific to my financial situation. I never had a home loan or mortgage that was foreclosed on or a defaulted student loan. I've never owed anyone that much money, so to file bankruptcy the way that I did put me in a different situation than most borrowers who seek bankruptcy protection. \nSo, I am researching and reading literature related to my particular situation and the fact that I didn't have a credit score and never had one until I was almost XXXX XXXX XXXX. \nBefore I filed for bankruptcy, I had no established credit, no foreclosure, no {$800000.00} debt, no established credit or credit score, and no information on improving or establishing credit per my specific financial challenges. \nMy father, who has never defaulted on his financial obligations, has a credit score of XXXX and has paid off two houses. The latest house was paid off in XXXX XXXX. Reading the information on the credit reporting agencies and even the CFPB 's websites offers no guidance on my particular financial situation. I finally got a credit score in XX/XX/XXXX. \nFast forwarding to XX/XX/XXXX, I finally asked my father, who has an almost perfect credit score and is extremely responsible financially, If I could be added as an authorized user on one of his credit cards because I lack the utilization and the credit history. I have low credit card limits, so my utilization is very high, and due to a dispute with my employer, I inadvertently had to get a student loan, and that was appearing on my credit report in the forbearance status as of XXXX of XXXX. On XX/XX/XXXX, my father agreed to add me as an authorized user on his XXXX XXXX credit card with a {$25000.00} credit limit and {$0.00} balance. No past due or collections have ever been reported on that credit card, which was opened in XXXX of XXXX. The literature I'm reading from the credit reporting agencies and other government agencies websites is that to help you build credit or establish credit, one of the options is to be added as an authorized user on someone's credit card who is responsible financially. The literature suggested that this strategy can help me improve my credit score if implemented correctly according to the instructions provided. The XXXX XXXX credit card hit my credit report on XX/XX/XXXX, and reflects that fact on all three credit reporting agencies ' credit reports. However, these agencies do not recognize that I'm an authorized user and that my utilization has gone from 99 % to 11 %. My credit history now says twenty-one years instead of three and seven months. With the added account, my utilization is now excellent at 11 %. My credit or credit history length is 21 years. My overall debt is showing positive because of the {$25000.00} credit limit on the XXXX XXXX credit card, no past due balances, no collections, and no inquiries. As of XXXX, the only new accounts were student loans, so the credit mix is also excellent, even though I have no mortgage or car loan. \nWhen I received the alert that a credit card was added to my credit file, I immediately logged on to experian.com to check my XXXX score ; despite all the positive factors added thanks to the XXXX XXXX  credit card, my credit score decreased. I once again went on the websites and began to read additional literature about building your credit, rebuilding your credit, or establishing credit, and nothing in the literature that I'm reading says that when all factors are presented positively, your credit score decreases. \nAfter reviewing my credit files, I discovered that XXXX had ignored the claim line altogether. Even though the XXXX XXXX credit card was added to my credit file as an authorized user account, my credit file still reflects the same data as if the card was not added. The data on all three credit reporting agency sites shows that the XXXX XXXX credit card is not considered and is ignored as if it was never there. \nHow does my credit history or age of oldest account increases from three years seven months to twenty one years, my pecentage of available credit has decreased from 97 % to 11 %, and my available credit increases from {$96.00} to {$25000.00}, with no inquiries, no collections or past due marks, and my XXXX credit score decreases? \nI spoke to XXXX a few times, and I was not satisfied with the answers that I received because they were different. The first answer I received was that XXXX does not recognize authorized users ' accounts even though the website has pervasive literature and instructions on becoming an authorized user. It lists that strategy as a means of boosting one 's credit score. The second answer I received from XXXX is that because the XXXX XXXX  card was opened in XXXX and not reported on my credit file immediately, it does not count and will not be considered. If it does, it will have an open date, not XXXX. I explained to the XXXX representative that that was ludicrous, and my student loans were done in XXXX but did not hit my credit file until XXXX, so what he told me did not make sense. I checked XXXX, Equifax, and XXXX, and the only thing that increased was the XXXX score, which no one uses to establish if you are credit-worthy. As a matter of fact, my XXXX Score increased by XXXX points on XX/XX/XXXX, and my XXXX score decreased. \nMy complaint and concern is regarding the algorithms that are used to establish if someone is creditworthy or not because algorithms that are being used to determine my creditworthiness are seriously flawed. The system is racist and has been taught to implement barriers automatically and omits information that it should be considering, and it is because of my race and other systemic factors. \nThe information provided that I have been reading for years does not pertain to my particular situation because I never had credit to begin with, and I am a XXXX woman. When I filed for bankruptcy. I never had a house loan. I never had established credit. It is a proven fact that white women can reestablish credit much easier after bankruptcy if they are XXXX in debt, which includes a foreclosure, car loan that has defaulted credit card debt over XXXX, and defaulted student loans. After the bankruptcy is discharged per the algorithm, white women can walk into a bank the next day and get a mortgage and credit cards from the same back they added to their bankruptcy. \nLooking at all the factors, my credit score should not have dropped. It may not have significantly increased my credit score, but it should have increased it. I tried to use the Boost feature on the XXXX website. Again, it shows me all my recurring payments in the finance section and even breaks them down per category. I have linked all my financial accounts, but their site does not recognize anything that can be boosted. What a joke. I am convinced, and there is no other explanation, that the credit system is racist. I need to know how I can correct this and why I can not get a correct answer as to why there is a discrepancy with how the credit reporting agencies consider authorized users ' accounts. I requested to speak to supervisors. I'm still waiting to talk to a supervisor. No one calls me back. If you recognize my reoccurring payments, you should also attach that to the boost, as I understood it per the literature on the XXXX website. \nAlso, after speaking with the XXXX representative today, I noticed that my personal information is now incorrect. My name is now misspelled, and my Social Security numbers are transposed and not in the correct order. The XXXX credit file is the only one that has added incorrect information, and I do not know where the information came from or who reported it to my file. I check my credit files every day, and this change has occurred. I shared with the XXXX representative that the California address that was listed is not my address ; it's my father 's, and I never lived there, but when I checked the dispute, I saw that a Minnesota XXXX XXXX had been removed. I never saw that address and did not know it was there, as it did not show when I refreshed my credit file on XX/XX/XXXX. The dispute results do not show the California address at all. XXXX has manipulated my credit file and allowed others to add incorrect data and should not have access to my credit file, period. The system is creating racial barriers so that I do not increase my credit score or any factors that would increase my score. XXXX has made it to decrease my score because my name is XXXX XXXX, indicating that I'm an XXXX woman. \nI have asked several times to speak to a supervisor because nothing makes sense, and maybe there's some glitch in the system. Every time I have been refused, I have been told that I will be put on a list and have a supervisor call me back within 72 hours. I am still waiting to receive that call. \nI demand that XXXX show the formula of the algorithm that was used to create my credit file and all the activities that have transpired thus far because I am convinced that the algorithm that they are using is racist against XXXXXXXX XXXX. It's systemic racism and racial boundaries that have been plaguing our communities will never be remedied if the credit reporting agencies do not address the apparent problems with their reporting system. If I were a white woman who has {$800000.00} in debt, which includes foreclosure, and I filed for bankruptcy, once it's discharged, I can get another mortgage. I can go get a car loan. I can get a credit card, and my credit score will increase to XXXX ; there would be no problem obtaining credit again. \nUnfortunately, I'm an XXXX woman. I'm in my late XXXX, and I'm still seeing these racist barriers that are created to ensure I never get a house and achieve my overall goal of home ownership. I want XXXX to explain why my XXXX score decreased and why the XXXX XXXX credit file is not being considered. I also have the call with XXXX recorded.","date_sent_to_company":"2024-10-15T07:36:03.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"85017","tags":null,"has_narrative":true,"complaint_id":"10467089","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-10-15T07:36:00.000Z","state":"AZ","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["The system is racist and has <em>been</em> taught to <em>implement</em> barriers automatically and omits information that it should be considering, and it is because of my race and other systemic factors. \nThe information provided that I <em>have</em> <em>been</em> reading for years does not pertain to my particular situation because I never had credit to begin with, and I am a XXXX woman. When I filed for bankruptcy. I never had a house loan. I never had established credit."]},"sort":[5.6742115,"10467089"]},{"_index":"complaint-public-v1","_id":"3156484","_score":4.7405267,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"After many phone calls to XXXX XXXX they refuse to answer the phone on a Charge that i never sign or had any dealings with! From a Merchant with no consent nor was any card swipe or used!!!!  THIS MERCHANT STOLE FUNDS MY ACCOUNT CALLED XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX, NY Transportation Edit - $ XXXX-Under the FCBA, your liability for unauthorized use of your credit card tops out at {$50.00}. However, if you report the loss before your credit card is used, the FCBA says you are not responsible for any charges you didnt authorize. If your credit card number is stolen, but not the card, you are not liable for unauthorized use.If your credit, ATM, or debit card is lost or stolen, federal law limits your liability for unauthorized charges. The XXXX XXXX place a fake charge on the account. But Why??? Credit Card Loss or Fraudulent Charges Under the FCBA, your liability for unauthorized use of your credit card tops out at {$50.00}. However, if you report the loss before your credit card is used, the FCBA says you are not responsible for any charges you didnt authorize. If your credit card number is stolen, but not the card, you are not liable for unauthorized use.If you report an ATM or debit card missing before someone uses it, the EFTA says you are not responsible for any unauthorized transactions. If someone uses your ATM or debit card before you  report it lost or stolen, your liability depends on how quickly you report it : The liable for those transactions are XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX, NY not so superior! \nPlease Note : Most fraud prevention features are designed for card-present environments. Visa, for example, has deployed a number of anti-fraud measures designed to make card reproduction extremely difficult, including holograms and embossed security characters on the face of the card. Moreover, the signature and magnetic strip on the back of the card are designed to ensure that the person using the card is the actual cardholder. Merchants are not liable for fraud when card-present transactions are properly authenticated. \nOnline platforms, however, typically facilitate card-not-present transactions ( card payments made without physically swiping a card ). On a website, buyers enter credit card data into a form they do not hand their card to a cashier. Unfortunately, card-not-present transactions are highly susceptible to fraud and abuse, for which merchants and payment facilitators are held liable. \nChargebacks. \nWhen a cardholder disputes a charge with their bank ( the issuing bank ), the bank may reverse the payment and refund the cardholder, after an investigation. This is called a chargeback. \nCardholders are protected from the financial liability of unauthorized credit card transactions by Regulation Z of the Truth in Lending Act and unauthorized debit card transactions by Regulation E of  the Electronic Fund Transfer Act. Card Associations have even broader rules with further added protections. When fraudulent transactions do occur, a well-defined chain of liability determines who is ultimately responsible for making restitution to the cardholder. Payment facilitators must recover chargebacks from merchants who generate them, or else write off the full amount of the chargeback as a loss. \nFor chargebacks resulting from card-not-present transactions, the issuing bank recovers the funds from the merchants bank ( the acquiring bank ), and the acquiring bank recovers the funds from the merchant. \nSince most chargebacks are received weeks or months after the original payment, it is sometimes difficult to recover the funds from the merchant. This is why acquirers are so conservative in their underwriting : an acquirer will typically research the financial stability, creditworthiness, and underlying riskiness of a business ; it will implement special funding policies ( such as reserves or holdbacks ) to  mitigate loss ; and it will require personal guarantees from business owners, whom it will hold personally liable for the businesss financial obligations. \nConsumer Protections Available Regulation Z The Truth in Lending Act ( TILA ), as implemented by Regulation Z, provides a billing error dispute process for open-end credit, such as credit cards. In order to take advantage of the protections offered by Regulation Z, you must notify the lender of any billing errors by : providing the notice in writing, enabling the lender to identify your name and account number, stating why you believe there is a billing error, including the type, date, and amount of the error, and sending the notice in a timely manner so that the lender receives it, at the address specified for billing inquiries, no later than 60 days after the lender sent the first billing statement reflecting the error. \nOnce you properly notify the lender about an error on your statement, it must acknowledge that it received this notification within 30 days, unless the problem has been resolved. The lender must investigate and resolve the issue within two complete billing cycles ( but in no event later than 90 days ) after receiving the billing error notice.\n\nWhile the lender conducts its investigation into the billing error : You may withhold payment of the disputed amount and related charges ( but any part of the bill not in question, including finance charges on undisputed amounts must be paid in accordance with account terms ).\n\nThe lender may not take legal or collection action on the disputed amount.\n\nThe lender may not report your account as delinquent, accelerate your debt, restrict your account, or close your account.\n\nIf the lender confirms there is a billing error on your account, it must send you a written explanation of the corrections made to your account. In addition to crediting your account for the disputed amount, the lender must also remove all finance charges, late fees, or other charges related to the error. If the investigation reveals no error occurred, it must send you a written explanation of the amount you owe, and you are responsible for paying the disputed amount, plus any finance charges that accumulated during the investigation. \nYou may request copies of relevant documents used in the lenders investigation. If you disagree with the results of the investigation, you may write to the lender within 10 days after receiving the explanation, and you may indicate that you refuse to pay the disputed amount. The lender may begin collection procedures and may report your account as delinquent to credit reporting agencies, but it must also note that you disagree with the amount owed.\n\nIn addition to the consumer protections associated with billing errors, Regulation Z also contains special credit card provisions that limit your liability for unauthorized use of a credit card. A credit card holders liability is limited to {$50.00} for unauthorized use before the cardholder notifies the card issuer. Notification may be given in person, by telephone, or in writing.\n\nRegulation E The Electronic Fund Transfer Act ( EFTA ), as implemented by Regulation E, provides basic protections for consumers with electronic direct deposits or who use debit cards to access their deposit account held directly or indirectly at a bank. These protections include timeframes by which a bank must investigate and determine whether an error occurred when you notify your bank of an error and, in some cases, requirements to provide provisional credit while the investigation is performed. \nFor example, if you notify your bank of a potential account error, Regulation E requires a bank to investigate and determine whether an error occurred within 10 business days of receiving your notice ( or 20 business days for new accounts ). If a bank is unable to complete its investigation within the appropriate timeframe, it may take up to 45 days to determine whether an error occurred. But in these cases, banks must generally provide consumers with a provisional credit to their account within 10 days of the bank receiving the error notice. Also, banks must notify consumers about the provisional credit within two days of providing the credit.\n\nSome banks may require you to submit an error notice in writing after you provide notice orally. If the bank does not receive written confirmation within 10 business days of receiving the initial notice of an error, the bank is not required to provide provisional credit. The time period for the investigation may be extended to 90 days if the error involved an electronic transfer initiated outside of the United States, a point-of-sale debit card transaction, or a transaction involving a new account within 30 days of being opened.\n\nIf the bank determines there is an error on your account, it must correct the error within one business day after confirming it and report the results to you within three business days after completing its investigation ( including, if applicable, notice that a provisional credit has been made final ).\n\nIf a bank determines that no error occurred or that an error occurred in a manner or amount different from that described in your notice, the bank must send a written explanation of its findings and note your right to request the documents the bank relied on for its investigation. When the bank debits the funds provisionally credited to your account during the investigation, it must provide you with the date and amount debited. In addition, the bank must inform you that it will honor checks, drafts, or similar instruments payable to third parties and preauthorized transfers from your account ( without charge as a result of an overdraft ) for five business days after the notification.\n\nDisputing a Credit Card Billing Error Many credit card issuers have policies against sellers charging a credit card account before shipment. If you think a seller charged your account too soon, report it to the credit card issuer. Otherwise, the issuer has no way to know the seller isnt following its policies.\n\nTo dispute the billing error with your credit card issuer, you must : write to the credit card issuer at the address given for billing inquiries, not the address for sending your payments, and include your name, address, account number, and a description of the billing error. Use our sample letter.\n\nsend your letter so that it reaches the credit card issuer within 60 days after the first bill with the error was mailed to you. Its a good idea to send your letter by certified mail ; ask for a return receipt so you have proof of what the credit card issuer received. Include copies ( not originals ) of sales slips or other documents that support your position. Keep a copy of your dispute letter.\n\nThe credit card issuer must acknowledge your complaint, in writing, within 30 days after receiving it, unless the problem has been resolved. The issuer must resolve the dispute within two billing cycles ( but not more than 90 days ) after getting your letter.\n\nYou may withhold payment on the disputed amount ( and related charges ) during the investigation. You must pay any part of the bill not in question, including finance charges on the undisputed amount.\n\nThe credit card issuer may not take any legal or other action to collect the disputed amount and related charges ( including finance charges ) during the investigation. While your account cant be closed or restricted, the disputed amount can be applied against your credit limit.\n\nBut what if You placed an order with a catalog company and they charged your credit card immediately. The catalog company contacts you two weeks later and says the shipment will be delayed 60 days. You agree to the delay. The 60 days have passed, and you may be outside of the time to dispute the charges. Can you still dispute the charge?\n\nMaybe. When a shipment is delayed, credit card issuers often are more generous when they calculate the time for allowing disputes, and may extend the 60-day period. To take advantage of this flexibility, include the following information in your dispute letter.\n\nTell the credit card issuer if you didnt expect to be charged for the merchandise before it was shipped. Some credit card issuers make an exception to the general industry rule against sellers charging before shipping if the seller tells you about its practice at the time of sale. If youre sure the seller said nothing or wasnt clear about its charge practice, the credit card issuer is more likely to allow the dispute.\n\nTell the credit card issuer when delivery was expected. Some issuers use the expected date of delivery rather than the charge date as the start time for you to dispute charges. If you dispute the charge within a reasonable time after the expected delivery date passes, chances are good that the card issuer will honor the dispute. When you order or when a seller notifies you of delayed shipment, its important to keep a record of the promised shipment or delivery date. Include a copy of any documentation of the shipment or delivery date when disputing the charge with your card issuer.\n\nDisputing a Debit Card Charge The consumer protections for a debit card differ from protections for a credit card. You may not be able to dispute a debit and get a refund for non-delivery or late delivery. Still, some debit card issuers may voluntarily offer protections and solutions to problems like not getting merchandise you bought with a debit card. See our sample letter, and contact your debit card issuer for more information.\n\nYour Rights When Shopping by Phone, Mail or Online The Mail, Internet, or Telephone Order Merchandise Rule applies to most goods you order by mail, phone, fax, or online. It requires sellers to have a reasonable basis for claiming they can ship an order within a certain time and details what sellers should do if there is a delay.\n\nShip Dates By law, a seller should ship your order within the time stated in its ads or over the phone. If the seller doesnt promise a time, you can expect it to ship your order within 30 days.\n\nThe shipment clock begins when the seller receives a properly completed order. That includes your name, address and payment ( check, money order or authorization to charge an existing credit account whether the account is charged at that time or not ).\n\nIf the seller doesnt promise a shipping time, and you are applying for credit to pay for your purchase, the seller has an additional 20 days ( 50 days total ) to establish the account and ship the merchandise.\n\nDelays If the seller is unable to ship within the promised time, it must notify you, give a revised shipping date and give you the chance to cancel for a full refund or accept the new shipping date. The seller also must give you some way to exercise the cancellation option for free for example, by supplying a prepaid reply card or staffing a toll-free telephone number.\n\nIf you dont respond and the delay is 30 days or less its assumed that you accept the delay and are willing to wait for the merchandise.\n\nIf you dont respond and the delay is more than 30 days the order must be canceled by the 30th day of the delay period and a full refund issued promptly.\n\nIf the seller cant meet the revised shipping date, it must notify you again by mail, email or telephone and give you a new shipping date or cancel your order and give you a refund.\n\nThe order should be canceled and a refund issued promptly unless you indicate by the revised shipping date that you are willing to wait.\n\nIf you dont respond to the second notice, the seller should assume that you are not willing to wait issue a full refund promptly.\n\nRefunds If you pay by cash, check or money order, or a non-seller credit card, the seller must give you a refund within seven working days after the order is canceled.\n\nIf you pay by credit card where the seller is the card issuer, the seller must credit your account within one billing cycle after the order is canceled.\n\nShopping Tips Follow these tips for hassle-free shopping.\n\nConsider your experience with the company or its general reputation before you order. If youve never heard of the seller, enter its name in a search engine with words like complaint or scam, and read about other peoples experiences with the company. In addition, contact your state Attorney General, and local consumer protection agency to see if any complaints are on file.\n\nCheck out the companys refund and return policies, the items availability, and the total cost of your purchase before you place your order.\n\nGet a shipment date.\n\nKeep records of your order, like the website, ad or catalog from which you ordered ; the companys name, address and phone number ; any promises the company made about shipping and when they were made ; the date of your order ; and a copy of the order form you sent to the company. If youre ordering by phone, keep a list of the items, their stock codes, and the order confirmation code ; your canceled check or the charge or debit statement showing the charge for your order ; and any communications to or from the company.\n\nTrack your purchases. When you order online, keep printouts of the web pages with the details of the transaction, including the sellers return policies, in case youre not satisfied.Complaints help the FTC and other law enforcement agencies bring scam artists to justice and put an end to unfair and misleading business practices. If you have a complaint, file it online or call XXXX. \nCredit Cards, Personal Finance At XXXX, we adhere to strict standards of editorial integrity to help you make decisions with confidence. Many or all of the products featured here are from our partners. Heres how we make money. \n\nIf you see a purchase on your credit card statement that you didnt make, be sure to correct the mistake right away. It could be a simple mistake like a double swipe of your card, for example or it could be someone trying to make a little extra money off of a restaurant bill. Heres how to fix a mistake on your statement, and to make sure youre safe. \n1. Talk to the merchant Before you get yourself involved in a lengthy formal dispute, speak with the merchant. Bring your receipt and credit card statement, and take the time to explain the discrepancy. The merchant may clear up the mistake without having to involve the credit card company. If not, take your complaint to the next level. \n2. Prepare your paperwork While the error on your statement might seem obvious to you, you still need to make a strong case. Keep a record of the receipts, credit card statement and anything else that can add to the paper trail. Errors to look out for include : Returns that didnt lead to a credit on your statement.\n\nErroneous dates.\n\nBills sent to the wrong address ( so long as youve notified your creditor of your address change within 20 days ).\n\nMathematical errors. \nAnd, of course, charges for purchases you didnt make. \n\nGather any relevant receipts and documents supporting your claims and make copies. Keep the originals for your records, and gather the copies for your creditor. \n\nRemember : Never give your account information to someone you dont know, and avoid emailing sensitive data like your account number or Social Security number. Also, never give your information when a caller claims to represent your bank or card issuer. Instead, say youll call back, then call the customer service number listed on the banks website or the back of your card. Dont fall victim to a scam! \nWrite to your creditor Within 60 days of receiving the bill in question, send a letter outlining your objection and copies of your proof in an envelope addressed to your creditors department for billing inquiries. To be on the safe side, send the letter by certified mail, so you receive a receipt when it arrives at your creditors headquarters. Save the receipt proving they received your dispute with the other documents youre using to make your case. \n\nYou can also choose to dispute electronically, if the creditors website allows for that. Save any emails you get in return saying your dispute was received. \nFinal stretch : waiting for a response You creditor is required to respond within 30 days of your complaint, and the dispute must be resolved within 90 days, or two billing cycles.\n\nIn the meantime, you dont have to pay for the purchase in question, you must only pay for everything else on your statement. However, keep in mind that if your creditor finds your evidence insufficient, youll have to pay for the purchase in question, plus any interest that has accrued since. \n\nIf your creditor accepts your claim, all charges related to the error will be removed from your statement. If it does not accept your claim, it has to explain to you in writing exactly why the mistake is in fact a not a mistake, and youll have 10 days to challenge that conclusion.","date_sent_to_company":"2019-02-20T07:42:14.000Z","issue":"Problem with a purchase or transfer","sub_product":"General-purpose prepaid card","zip_code":"14228","tags":null,"has_narrative":true,"complaint_id":"3156484","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2019-02-20T02:03:12.000Z","state":"NY","company_public_response":null,"sub_issue":"Card company isn't resolving a dispute about a purchase or transfer"},"highlight":{"complaint_what_happened":["If you <em>have</em> a complaint, file it online or call XXXX. \nCredit Cards, Personal Finance At XXXX, we adhere to strict standards of editorial integrity to help you make decisions with confidence. Many or all of the products <em>featured</em> here are from our partners. 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