{"took":293,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":20,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"13156949","_score":12.9220085,"_source":{"product":"Debt collection","complaint_what_happened":"Subject : Formal Request for Immediate Removal of Inaccurate and Potentially Fraudulent Credit Reporting Identity Compromise & Violations by XXXX  and XXXX  Dear Consumer Financial Protection Bureau and Midland Credit Management, I am submitting this letter as a formal complaint and urgent request for the immediate removal of all negative and potentially fraudulent information currently appearing on my consumer credit reports, including but not limited to student loans and any delinquent accounts. \nBasis of Dispute : My personal and financial data has been compromised in recent, well-documented cyberattacks reportedly carried out by XXXX state-sponsored hackers. These incidents, confirmed by multiple federal agencies and media outlets, have exposed sensitive personal informationincluding my full Social Security numbercreating a significant risk of identity theft and fraudulent activity on my credit profile. \nI have already filed a complaint with the Federal Trade Commission ( FTC ). \nNational Cybersecurity Breaches : In XX/XX/year>, it was reported that advanced persistent threat groups, including the XXXX-affiliated group XXXX XXXX, infiltrated U.S. government agencies, private corporations, and telecommunications networks. The breaches, including those affecting the U.S. Treasury Department and third-party vendors like XXXX, gave hackers access to unclassified documents and geolocation data of millions of Americansdata that can be exploited to create false accounts, initiate fraudulent charges, or otherwise damage a victims credit. \nGiven this context, I assert that negative entries on my credit reports may stem from fraudulent activity beyond my control.\n\nLegal Justification : Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., consumer reporting agencies are legally required to ensure the maximum possible accuracy of the information they report. Furthermore, they must promptly correct or delete inaccurate, incomplete, or unverifiable information. \nAdditionally, I bring to your attention the CFPBs current legal actions against both XXXX  and XXXX  which highlight ongoing systemic failures by these credit bureaus in ensuring accuracy and compliance with federal consumer protection laws. These actions demonstrate a disturbing pattern of negligence and consumer harm that reinforces my request for immediate relief.\n\nFurther, under 15 U.S.C. 1692c of the Fair Debt Collection Practices Act ( FDCPA ), I am also notifying all parties that I refuse to pay the disputed debts due to unresolved identity theft concerns, and I hereby request that all debt collectors cease any further communication with me regarding the accounts in question.\n\nRequest for Relief : I respectfully demand that the CFPB : 1. Investigate Experian and Equifax for their role in reporting inaccurate and potentially fraudulent data on my credit file. 2. Direct the immediate removal of all negative and\ndisputed information, including any student loans or collections that may be linked to identity theft.\n\n3. Confirm with me in writing once these negative entries have been removed or corrected. \nDocumentation : FTC Complaint I am exercising my rights as a consumer to dispute and correct inaccuracies stemming from unauthorized access to my personal information. Any delay in action may result in further harm to my financial reputation, housing eligibility, or employment opportunities.\n\nThank you for your immediate attention to this urgent matter.\n\nAccounts for immediate removal from all consumer reports : Original Creditor ( as listed on credit report ) : XXXX XXXX. \nAccount name Midland Credit Management Account number XXXX Contact info Phone number ( XXXX ) XXXX Address XXXX XXXX XXXX Account type Debt Buyer Original creditor ( as listed on credit report ) : XXXXXXXX XXXX Account name Midland Credit Management Account number XXXX Contact info Phone number ( XXXX ) XXXX Address XXXX XXXX XXXX Account type Debt Buyer Please confirm receipt of this request and inform me of the steps you will take to address this matter. I am available to provide any additional information or documentation as needed. \nThank you for your prompt attention to this serious issue. \nSincerely, XXXX XXXX XXXX","date_sent_to_company":"2025-04-24T14:25:07.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"30157","tags":"Servicemember","has_narrative":true,"complaint_id":"13156949","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"ENCORE CAPITAL GROUP INC.","date_received":"2025-04-24T14:20:55.000Z","state":"GA","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["These incidents, confirmed by multiple <em>federal</em> agencies and media outlets, have exposed sensitive personal informationincluding my full Social <em>Security</em> numbercreating a significant risk of identity theft and fraudulent activity on my credit profile. \nI have already filed a complaint with the <em>Federal</em> Trade Commission ( FTC )."]},"sort":[12.9220085,"13156949"]},{"_index":"complaint-public-v1","_id":"8861759","_score":7.2162724,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services. In accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Synchrony Bank/PayPal Credit ending in # XXXX, have violated my rights. 15 U.S.C. 1681 My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on May 29, 1968. \n\nTHEY DID NOT HAVE MY WRITTEN CONSENT!! \nthe financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( XXXX ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( XXXX ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( XXXX ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX, XXXX, and XXXX. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section XXXX ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in 16 CFR 433.1. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( XXXX ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section XXXX ( XXXX ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( XXXX ) State and other employees It shall be unlawful for any person ( not described in paragraph ( XXXX ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( XXXX ) ( C ), ( XXXX ) ( B ) ( i ), or ( XXXX ) ( A ) ( XXXX ), ( k ) ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ), ( l ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) or ( m ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) of section XXXX or under section XXXX ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section XXXX ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section XXXX ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section XXXX ( b ) ) is disclosed pursuant to the provisions of section XXXX ( XXXX ) ( XXXX ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section XXXX ( a ) ( XXXX ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section XXXX ( d ) ( XXXX ) ) to any person in violation of section XXXX shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Cross references ( XXXX ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section XXXX. ( XXXX ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( XXXX ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( XXXX ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than XXXX business days after the date of receipt by such agency, ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section XXXX of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section XXXX of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector.","date_sent_to_company":"2024-04-26T03:05:04.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8861759","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-04-26T02:39:03.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[7.2162724,"8861759"]},{"_index":"complaint-public-v1","_id":"8984522","_score":5.914692,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXXXXXX XXXX XXXX  and XXXX CARD are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer XXXX have given you written, unwritten, verbal, and non-verbal per XXXX XXXX XXXX. XXXX XXXX XXXX states that \" A consumer XXXX exercise the right to opt-out at any time. '' I am opting out of your reporting services. In accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under XXXX XXXX XXXX. XXXX XXXX XXXX XXXX  credit card account XXXX, and XXXX XXXX, have violated my rights. XXXX XXXX. XXXX I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. { {$1000.00} } per transaction. They have reported for months. XXXX { {$1000.00} } per violation x 12 months= { {$12000.00} } XXXX per violation x 12 months { {$12000.00} } per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of XXXX, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. I have the right to make sure my private information isn't shared and is backed by XXXX XXXX XXXX which states \" It is the policy of the XXXX 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. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XXXX  It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX XXXXlated to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( XXXX ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section XXXX of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( XXXX ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection XXXX not exceed { { {$50.00} } }. The Truth in Lending Act ( XXXX ) is a federal statute which XXXX enacted in XXXX and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. XXXX XXXX XXXX section XXXX a section XXXX states that \" In general Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the XXXX XXXX and the Consumer reporting agencies XXXX XXXXXXXX XXXX XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to TRANSUNION, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX XXXX ( b ) ( c ) states that \" A financial institution XXXX not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, XXXX XXXX XXXX ( a ) ( XXXX ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency XXXX 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 XXXX years. '' This account is an adverse item they are reporting again without my permission which is against the law. XXXX XXXX Code XXXX ( A ) ( XXXX ) A states \" 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. XXXX XXXX XXXX XXXX states '' XXXX consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX  of this title. XXXX XXXXXXXX XXXX XXXX, and XXXX CARD are not maintaining reasonable procedures. Also XXXX XXXX XXXX states that \" A consumer XXXX exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security XXXX, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. XXXX XXXX XXXX, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the XXXX business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. XXXX XXXX XXXX - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( XXXX ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( XXXX ) Describes the conditions under which a financial institution XXXX disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( XXXX ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX, XXXX, and XXXX. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission XXXX XXXX ) has rulemaking authority pursuant to section XXXX ( a ) ( XXXX ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section XXXX ( k ) of the Bank XXXX XXXX  Act of XXXX, XXXX XXXX. XXXX ( k ), which incorporates activities enumerated by the Federal Reserve XXXX in XXXX CFR XXXX and XXXX. The financial institutions subject to the XXXX 's rulemaking authority are any persons described in XXXX XXXX. XXXX that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in XXXX XXXX. XXXX ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of XXXX XXXX part XXXX with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in XXXX XXXX XXXX. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor XXXX permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan XXXX provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. XXXX XXXX Code XXXX - Unauthorized disclosure of information ( a ) Returns and return information ( XXXX ) Federal employees and other persons It shall be unlawful for any XXXX or employee of the United States or any person described in section XXXX ( XXXX ) ( or an XXXX or employee of any such person ), or any former XXXX or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any XXXX or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or XXXX from employment upon conviction for such offense. ( XXXX ) State and other employees It shall be unlawful for any person ( not described in paragraph ( XXXX ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( XXXX ) ( C ), ( XXXX ) ( B ) ( i ), or ( XXXX ) ( A ) ( XXXX ), ( k ) ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ), ( l ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) or ( m ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) of section XXXX or under section XXXX ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section XXXX ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section XXXX ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) XXXX It shall be unlawful for any person to whom a return or return information ( as defined in section XXXX ( b ) ) is disclosed pursuant to the provisions of section XXXX ( XXXX ) ( XXXX ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) XXXX of operations of manufacturer or producer Any XXXX or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { { {$1000.00} } }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or XXXX from employment. ( c ) Disclosures by certain delegates of XXXX XXXX provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an XXXX or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section XXXX ( a ) ( XXXX ) ( B ). ( d ) XXXX of software Any person who willfully divulges or makes known software ( as defined in section XXXX ( d ) ( XXXX ) ) to any person in violation of section XXXX shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { { {$5000.00} } }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) XXXX references ( XXXX ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section XXXX. ( XXXX ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any XXXX or employee of the United States or any department or agency thereof, see XXXX XXXX. XXXX. Privacy Act of XXXX XXXX the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the XXXX branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission XXXX XXXX XXXX XXXX. XXXX The Federal Trade Commission XXXX is the primary statute of the XXXX. Under this XXXX, as amended, the XXXX is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( XXXX ) make reports and legislative recommendations to XXXX and the public. A number of other statutes listed here are enforced under the FTC XXXX XXXX XXXX XXXX ( XXXX ) ( XXXX ) ( XXXX ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau XXXX section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { { {$5000.00} } } or imprisoned not more than XXXX year, or both. XXXX XXXX XXXX XXXX ( XXXX ) ( b ) Accuracy and fairness of credit reporting The XXXX makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. XXXX XXXX XXXX XXXX - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( XXXX ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; XXXX XXXX history is illegal. XXXX XXXX Code XXXX - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other, ( XXXX ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. XXXX XXXX XXXX XXXX - XXXX of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than XXXX business days after the date of receipt by such agency, ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. XXXX XXXX XXXX XXXX - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section XXXX of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency XXXX furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section XXXX of this title. ( 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. XXXX XXXX Code XXXX - 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 ( 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 ; XXXX XXXX Code XXXX - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure. XXXX XXXX Code XXXX Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of XXXX [ XXXX XXXX. XXXX et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, XXXX XXXX Code XXXX False or misleading representations ; A debt collector XXXX 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 : XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. XXXX XXXX Code XXXX ( XXXX ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector XXXX not send a collection letter from a XXXX Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. XXXX XXXX XXXX XXXX ( XXXX ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. XXXX XXXX XXXX XXXX ( XXXX ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector XXXX not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she XXXX also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector XXXX not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector XXXX also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt XXXX implication or reference to an attorney or to legal proceedings XXXX mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit XXXX be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. XXXX XXXX Code XXXX ( XXXX ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector XXXX also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. XXXX XXXX XXXX XXXX ( XXXX ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after XXXX days ), he must update the account as disputed, and failure to do so violates the XXXX. XXXX XXXX XXXX XXXX ( XXXX ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. XXXX XXXX XXXX XXXX ( XXXX ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. XXXX XXXX Code XXXX ( XXXX ) states, 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 AS PER THE LAW, I WANT THE I WANT THESE ACCOUNTS DELETED/REMOVED WITHIN 4 DAYS FROM MY REPORT AS IT IS UNLAWFUL TO REPORT. These accounts has violated my rights to adverse employment action under FCRA XXXX. My right to privacy is guaranteed by XXXX XXXX. XXXX section XXXX ( A ) XXXX XXXX. XXXX ( A ) ( XXXX ) 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. They continue to report this on my credit report. I want compensation because they violated me for months. They have both reported for months in total these derogatory. { {$1000.00} } per violation ( transaction ). { {$1000.00} } x 12 months for XXXX yrs total { {$12000.00} }. Their handling of my records and privacy is unacceptable. Because of this falsely reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. I demand that XXXX XXXXXXXX XXXX XXXX and XXXX XXXX rectify this issue immediately by removing these erroneous accounts entries from my credit report in compliance with XXXX  and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. I demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action.","date_sent_to_company":"2024-05-11T12:32:06.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"349XX","tags":null,"has_narrative":true,"complaint_id":"8984522","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-05-11T12:26:11.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."],"issue":["Incorrect <em>information</em> on your report"],"sub_issue":["Account <em>information</em> incorrect"]},"sort":[5.914692,"8984522"]},{"_index":"complaint-public-v1","_id":"8984532","_score":5.908188,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXXXXXX XXXX XXXX and XXXX CARD are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer XXXX have given you written, unwritten, verbal, and non-verbal per XXXX XXXX XXXX. XXXX XXXX XXXX states that \" A consumer XXXX exercise the right to opt-out at any time. '' I am opting out of your reporting services. In accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under XXXX XXXX XXXX. XXXX XXXXXXXX XXXX XXXX credit card account XXXX, and XXXX XXXX, have violated my rights. XXXX XXXX. XXXX I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. { {$1000.00} } per transaction. They have reported for months. XXXX { {$1000.00} } per violation x 12 months= { {$12000.00} } XXXX per violation x 12 months { {$12000.00} } per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of XXXX, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. I have the right to make sure my private information isn't shared and is backed by XXXX XXXX XXXX which states \" It is the policy of the XXXX 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. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( XXXX ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section XXXX of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( XXXX ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection XXXX not exceed { { {$50.00} } }. The Truth in Lending Act ( XXXX ) is a federal statute which XXXX enacted in XXXX and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. XXXX XXXX XXXX section XXXX a section XXXX states that \" In general Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the XXXX XXXX and the Consumer reporting agencies XXXX XXXXXXXX XXXX XXXX  and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and EXPERIAN, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX XXXX ( b ) ( c ) states that \" A financial institution XXXX not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, XXXX XXXX XXXX ( a ) ( XXXX ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency XXXX 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 XXXX years. '' This account is an adverse item they are reporting again without my permission which is against the law. XXXX XXXX Code XXXX ( A ) ( XXXX ) A states \" 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. XXXX XXXX XXXX XXXX states '' XXXX consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. XXXX XXXX AND CO, and XXXX CARD are not maintaining reasonable procedures. Also XXXX XXXX XXXX states that \" A consumer XXXX exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security XXXX, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. XXXX XXXX XXXX, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the XXXX business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. XXXX XXXX XXXX - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( XXXX ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( XXXX ) Describes the conditions under which a financial institution XXXX disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( XXXX ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX, XXXX, and XXXX. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission XXXX XXXX ) has rulemaking authority pursuant to section XXXX ( a ) ( XXXX ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section XXXX ( k ) of the Bank XXXX XXXX  Act of XXXX, XXXX XXXX. XXXX ( k ), which incorporates activities enumerated by the Federal Reserve XXXX in XXXX CFR XXXX and XXXX. The financial institutions subject to the XXXX 's rulemaking authority are any persons described in XXXX XXXX. XXXX that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in XXXX XXXX. XXXX ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of XXXX XXXX part XXXX with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in XXXX XXXX XXXX. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor XXXX permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan XXXX provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. XXXX XXXX Code XXXX - Unauthorized disclosure of information ( a ) Returns and return information ( XXXX ) Federal employees and other persons It shall be unlawful for any XXXX or employee of the United States or any person described in section XXXX ( XXXX ) ( or an XXXX or employee of any such person ), or any former XXXX or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any XXXX or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or XXXX from employment upon conviction for such offense. ( XXXX ) State and other employees It shall be unlawful for any person ( not described in paragraph ( XXXX ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( XXXX ) ( C ), ( XXXX ) ( B ) ( i ), or ( XXXX ) ( A ) ( XXXX ), ( k ) ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ), ( l ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) or ( m ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) of section XXXX or under section XXXX ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section XXXX ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section XXXX ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) XXXX It shall be unlawful for any person to whom a return or return information ( as defined in section XXXX ( b ) ) is disclosed pursuant to the provisions of section XXXX ( XXXX ) ( XXXX ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) XXXX of operations of manufacturer or producer Any XXXX or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { { {$1000.00} } }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or XXXX from employment. ( c ) Disclosures by certain delegates of XXXX XXXX provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an XXXX or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section XXXX ( a ) ( XXXX ) ( B ). ( d ) XXXX of software Any person who willfully divulges or makes known software ( as defined in section XXXX ( d ) ( XXXX ) ) to any person in violation of section XXXX shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { { {$5000.00} } }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) XXXX references ( XXXX ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section XXXX. ( XXXX ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any XXXX or employee of the United States or any department or agency thereof, see XXXX XXXX. XXXX. Privacy Act of XXXX XXXX the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the XXXX branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission XXXX XXXX XXXX XXXX. XXXX The Federal Trade Commission XXXX is the primary statute of the XXXX. Under this XXXX, as amended, the XXXX is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( XXXX ) make reports and legislative recommendations to XXXX and the public. A number of other statutes listed here are enforced under the FTC XXXX XXXX XXXX XXXX ( XXXX ) ( XXXX ) ( XXXX ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau XXXX section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { { {$5000.00} } } or imprisoned not more than XXXX year, or both. XXXX XXXX XXXX XXXX ( XXXX ) ( b ) Accuracy and fairness of credit reporting The XXXX makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. XXXX XXXX XXXX XXXX - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( XXXX ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; XXXX XXXX history is illegal. XXXX XXXX Code XXXX - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other, ( XXXX ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. XXXX XXXX XXXX XXXX - XXXX of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than XXXX business days after the date of receipt by such agency, ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. XXXX XXXX XXXX XXXX - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section XXXX of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency XXXX furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section XXXX of this title. ( 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. XXXX XXXX Code XXXX - 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 ( 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 ; XXXX XXXX Code XXXX - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure. XXXX XXXX Code XXXX Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of XXXX [ XXXX XXXX. XXXX et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, XXXX XXXX Code XXXX False or misleading representations ; A debt collector XXXX 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 : XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. XXXX XXXX Code XXXX ( XXXX ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector XXXX not send a collection letter from a XXXX Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. XXXX XXXX XXXX XXXX ( XXXX ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. XXXX XXXX XXXX XXXX ( XXXX ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector XXXX not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she XXXX also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector XXXX not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector XXXX also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt XXXX implication or reference to an attorney or to legal proceedings XXXX mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit XXXX be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. XXXX XXXX Code XXXX ( XXXX ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector XXXX also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. XXXX XXXX XXXX XXXX ( XXXX ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after XXXX days ), he must update the account as disputed, and failure to do so violates the XXXX. XXXX XXXX XXXX XXXX ( XXXX ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. XXXX XXXX XXXX XXXX ( XXXX ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. XXXX XXXX Code XXXX ( XXXX ) states, 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 AS PER THE LAW, I WANT THE I WANT THESE ACCOUNTS DELETED/REMOVED WITHIN 4 DAYS FROM MY REPORT AS IT IS UNLAWFUL TO REPORT. These accounts has violated my rights to adverse employment action under FCRA XXXX. My right to privacy is guaranteed by XXXX XXXX. XXXX section XXXX ( A ) XXXX XXXX. XXXX ( A ) ( XXXX ) 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. They continue to report this on my credit report. I want compensation because they violated me for months. They have both reported for months in total these derogatory. { {$1000.00} } per violation ( transaction ). { {$1000.00} } x 12 months for XXXX yrs total { {$12000.00} }. Their handling of my records and privacy is unacceptable. Because of this falsely reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. I demand that XXXX XXXXXXXX XXXX XXXX and XXXX XXXX rectify this issue immediately by removing these erroneous accounts entries from my credit report in compliance with XXXX and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. I demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action.","date_sent_to_company":"2024-05-11T12:32:14.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"349XX","tags":null,"has_narrative":true,"complaint_id":"8984532","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-05-11T12:32:12.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."],"issue":["Incorrect <em>information</em> on your report"],"company":["Experian <em>Information</em> Solutions Inc."],"sub_issue":["Account <em>information</em> incorrect"]},"sort":[5.908188,"8984532"]},{"_index":"complaint-public-v1","_id":"8987271","_score":5.838666,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXXXXXX XXXX XXXX and XXXX CARD are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services. In accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. XXXX XXXXXXXX XXXX XXXX credit card account XXXX, and XXXX XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. { {$1000.00} } per transaction. They have reported for months. XXXX { {$1000.00} } per violation x 12 months= { {$12000.00} } XXXX per violation x 12 months { {$12000.00} } per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of XXXX, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. I have the right to make sure my private information isn't shared and is backed by XXXX XXXX XXXX which states \" It is the policy of the XXXX 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. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XXXX  It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( XXXX ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section XXXX of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( XXXX ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection XXXX not exceed { { {$50.00} } }. The Truth in Lending Act ( XXXX ) is a federal statute which XXXX enacted in XXXX and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. XXXX XXXX XXXX section XXXX a section XXXX states that \" In general Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the XXXX XXXX and the Consumer reporting agencies XXXX XXXXXXXX XXXX XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, EQUIFAX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX XXXX ( b ) ( c ) states that \" A financial institution XXXX not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, XXXX XXXX XXXX ( a ) ( XXXX ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency XXXX 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 XXXX years. '' This account is an adverse item they are reporting again without my permission which is against the law. XXXX XXXX Code XXXX ( A ) ( XXXX ) A states \" 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. XXXX XXXX XXXX XXXX states '' XXXX consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. XXXX XXXXXXXX XXXX XXXX, and XXXX CARD are not maintaining reasonable procedures. Also XXXX XXXX XXXX states that \" A consumer XXXX exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. XXXX XXXX XXXX, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the XXXX business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. XXXX XXXX XXXX - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( XXXX ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( XXXX ) Describes the conditions under which a financial institution XXXX disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( XXXX ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX, XXXX, and XXXX. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the XXXX XXXX XXXX ( Commission ) has rulemaking authority pursuant to section XXXX ( a ) ( XXXX ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section XXXX ( k ) of the XXXX XXXX XXXX XXXX  of XXXX, XXXX XXXX. XXXX ( k ), which incorporates activities enumerated by the Federal Reserve XXXX in XXXX CFR XXXX and XXXX. The financial institutions subject to the XXXX 's rulemaking authority are any persons described in XXXX XXXX. XXXX that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in XXXX XXXX. XXXX ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of XXXX XXXX part XXXX  with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in XXXX XXXX XXXX. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor XXXX permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan XXXX provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. XXXX XXXX Code XXXX - Unauthorized disclosure of information ( a ) Returns and return information ( XXXX ) Federal employees and other persons It shall be unlawful for any XXXX or employee of the United States or any person described in section XXXX ( XXXX ) ( or an XXXX or employee of any such person ), or any former XXXX or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any XXXX or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or XXXX from employment upon conviction for such offense. ( XXXX ) State and other employees It shall be unlawful for any person ( not described in paragraph ( XXXX ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( XXXX ) ( C ), ( XXXX ) ( B ) ( i ), or ( XXXX ) ( A ) ( XXXX ), ( k ) ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ), ( l ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) or ( m ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) of section XXXX or under section XXXX ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section XXXX ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section XXXX ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) XXXX It shall be unlawful for any person to whom a return or return information ( as defined in section XXXX ( b ) ) is disclosed pursuant to the provisions of section XXXX ( XXXX ) ( XXXX ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { { {$5000.00} } }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) XXXX of operations of manufacturer or producer Any XXXX or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { { {$1000.00} } }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or XXXX from employment. ( c ) Disclosures by certain delegates of XXXX XXXX provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an XXXX or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section XXXX ( a ) ( XXXX ) ( B ). ( d ) XXXX of software Any person who willfully divulges or makes known software ( as defined in section XXXX ( d ) ( XXXX ) ) to any person in violation of section XXXX shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { { {$5000.00} } }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) XXXX references ( XXXX ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section XXXX. ( XXXX ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any XXXX or employee of the United States or any department or agency thereof, see XXXX XXXX. XXXX. Privacy Act of XXXX XXXX the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the XXXX branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission XXXX XXXX XXXX XXXX. XXXX The Federal Trade Commission XXXX is the primary statute of the XXXX. Under this XXXX, as amended, the XXXX is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( XXXX ) make reports and legislative recommendations to XXXX and the public. A number of other statutes listed here are enforced under the FTC XXXX XXXX XXXX XXXX ( XXXX ) ( XXXX ) ( XXXX ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau XXXX section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { { {$5000.00} } } or imprisoned not more than XXXX year, or both. XXXX XXXX XXXX XXXX ( XXXX ) ( b ) Accuracy and fairness of credit reporting The XXXX makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. XXXX XXXX XXXX XXXX - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( XXXX ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; XXXX XXXX history is illegal. XXXX XXXX Code XXXX - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other, ( XXXX ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. XXXX XXXX XXXX XXXX - XXXX of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than XXXX business days after the date of receipt by such agency, ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. XXXX XXXX XXXX XXXX - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section XXXX of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency XXXX furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section XXXX of this title. ( 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. XXXX XXXX Code XXXX - 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 ( 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 ; XXXX XXXX Code XXXX - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure. XXXX XXXX Code XXXX Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of XXXX [ XXXX XXXX. XXXX et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, XXXX XXXX Code XXXX False or misleading representations ; A debt collector XXXX 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 : XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. XXXX XXXX Code XXXX ( XXXX ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector XXXX not send a collection letter from a XXXX Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. XXXX XXXX XXXX XXXX ( XXXX ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. XXXX XXXX XXXX XXXX ( XXXX ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector XXXX not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she XXXX also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector XXXX not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector XXXX also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt XXXX implication or reference to an attorney or to legal proceedings XXXX mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit XXXX be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. XXXX XXXX Code XXXX ( XXXX ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector XXXX also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. XXXX XXXX XXXX XXXX ( XXXX ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after XXXX days ), he must update the account as disputed, and failure to do so violates the XXXX. XXXX XXXX XXXX XXXX ( XXXX ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. XXXX XXXX XXXX XXXX ( XXXX ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. XXXX XXXX Code XXXX ( XXXX ) states, 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 AS PER THE LAW, I WANT THE I WANT THESE ACCOUNTS DELETED/REMOVED WITHIN 4 DAYS FROM MY REPORT AS IT IS UNLAWFUL TO REPORT. These accounts has violated my rights to adverse employment action under FCRA XXXX. My right to privacy is guaranteed by XXXX XXXX. XXXX section XXXX ( A ) XXXX XXXX. XXXX ( A ) ( XXXX ) 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. They continue to report this on my credit report. I want compensation because they violated me for months. They have both reported for months in total these derogatory. { {$1000.00} } per violation ( transaction ). { {$1000.00} } x 12 months for XXXX yrs total { {$12000.00} }. Their handling of my records and privacy is unacceptable. Because of this falsely reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. I demand that XXXX XXXXXXXX XXXX XXXX and XXXX XXXX rectify this issue immediately by removing these erroneous accounts entries from my credit report in compliance with XXXX and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. I demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action.","date_sent_to_company":"2024-05-11T12:32:14.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"349XX","tags":null,"has_narrative":true,"complaint_id":"8987271","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-05-11T12:32:12.000Z","state":"FL","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."],"issue":["Incorrect <em>information</em> on your report"],"sub_issue":["Account <em>information</em> incorrect"]},"sort":[5.838666,"8987271"]},{"_index":"complaint-public-v1","_id":"8759313","_score":5.7990355,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services. \n\nIn accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Vystar Credit Union credit card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. {$1000.00} per transaction. They have reported for months. XXXX {$1000.00} per violation x 14 months= {$14000.00} XXXX {$1000.00} per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of XXXX, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. \n\nI have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank XXXX XXXX Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of XXXX XXXX part XXXX with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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 AS PER THE LAW, I WANT THE I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT. The utilization should state paid as agreed.\n\nMy right to privacy is guaranteed by 15 U.S.C. 1681 section 602 ( A ) .15 U.S.C. 1681s-2 ( A ) ( XXXX ) 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. \n\nXXXX XXXX XXXX XXXX is the parent company they operated under ) is also in violation of The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the XXXX Department of Education. They also included erroneous reporting. XXXX XXXX shut down in XXXX after being hit with a series of sanctions by the Obama administration. Loan forgiveness was offered to more former XXXX XXXX students. They should have included my loan but they fail to do so. They continue to report this on my credit report. I want compensation because they violated me for years. They have reported monthly for 7 years. {$1000.00} per violation ( transaction ). {$1000.00} x 12 months for XXXX yrs total {$84000.00}. Their handling of my records and privacy is unacceptable. Under the regulations set forth by the Family Educational Rights and Privacy Act ( XXXX ), specifically outlined in the United States Code ( USC ) Title 20, Section 1232g, and the corresponding Code of Federal Regulations ( CFR ), Title 34, Section 99, educational records including student loan information are protected and should not be disclosed to unauthorized parties or reported on credit reports without proper authorization or when they pertain to defunct institutions. XXXX 's continued reporting of these loans has had severe financial consequences for me. Because of this inaccurate reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. \n\nI demand that XXXX rectify this issue immediately by removing these erroneous loan entries from my credit report in compliance with XXXX and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. \n\nI demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action","date_sent_to_company":"2024-04-12T06:44:55.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8759313","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-04-12T06:44:52.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7990355,"8759313"]},{"_index":"complaint-public-v1","_id":"8614973","_score":5.7909565,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.\n\nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE 3 CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. PERPETRATED AGAINST ME PERPETRATED AGAINST ME PAGAINST ME!","date_sent_to_company":"2024-03-23T22:15:29.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8614973","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2024-03-23T22:15:24.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7909565,"8614973"]},{"_index":"complaint-public-v1","_id":"8613851","_score":5.7909565,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.\n\nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-03-23T20:11:09.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8613851","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Colony Brands, Inc.","date_received":"2024-03-23T20:11:05.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7909565,"8613851"]},{"_index":"complaint-public-v1","_id":"8610958","_score":5.7909565,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and Equifax are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on May 29, 1968. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and Equifax, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and Equifax are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1,1977 from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and Equifax are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.\n\nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX CREDIT BUREAUS ( XXXX, XXXX and EQUIFAX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-03-25T16:29:37.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610958","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-03-23T19:08:15.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7909565,"8610958"]},{"_index":"complaint-public-v1","_id":"8610426","_score":5.7909565,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.\n\nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX  CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-03-28T12:46:50.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610426","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Colony Brands, Inc.","date_received":"2024-03-23T19:37:01.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7909565,"8610426"]},{"_index":"complaint-public-v1","_id":"8759762","_score":5.7825704,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services.\n\nIn accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Vystar Credit Union credit card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. {$1000.00} per transaction. They have reported for months. Vystar {$1000.00} per violation x 14 months= {$14000.00} XXXX {$1000.00} per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. \n\nI have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( XXXX ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; XXXX5 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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 AS PER THE LAW, I WANT THE I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT. The utilization should state paid as agreed.\n\nMy right to privacy is guaranteed by 15 U.S.C. 1681 section 602 ( A ) .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.\n\nAidvantage ( Maximus Inc. is the parent company they operated under ) is also in violation of The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. They also included erroneous reporting. XXXX XXXX shut down in 2016 after being hit with a series of sanctions by the Obama administration. Loan forgiveness was offered to more former XXXX XXXX students. They should have included my loan but they fail to do so. They continue to report this on my credit report. I want compensation because they violated me for years. They have reported monthly for 7 years. {$1000.00} per violation ( transaction ). {$1000.00} x 12 months for 7 yrs total {$84000.00}. Their handling of my records and privacy is unacceptable. Under the regulations set forth by the Family Educational Rights and Privacy Act ( FERPA ), specifically outlined in the United States Code ( USC ) Title 20, Section 1232g, and the corresponding Code of Federal Regulations ( CFR ), Title 34, Section 99, educational records including student loan information are protected and should not be disclosed to unauthorized parties or reported on credit reports without proper authorization or when they pertain to defunct institutions. XXXX 's continued reporting of these loans has had severe financial consequences for me. Because of this inaccurate reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. \n\nI demand that XXXX rectify this issue immediately by removing these erroneous loan entries from my credit report in compliance with FERPA and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. \n\nI demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action","date_sent_to_company":"2024-04-12T06:44:46.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8759762","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"VYSTAR CREDIT UNION","date_received":"2024-04-12T04:34:56.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7825704,"8759762"]},{"_index":"complaint-public-v1","_id":"8759365","_score":5.7825704,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services. \n\nIn accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. XXXX XXXX XXXX credit card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. {$1000.00} per transaction. They have reported for months. XXXX {$1000.00} per violation x 14 months= {$14000.00} XXXX {$1000.00} per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. \n\nI have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the XXXX business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with XXXXe costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( XXXX ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings XXXX mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit XXXX be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. XXXX XXXX Code XXXX ( XXXX ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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 AS PER THE LAW, I WANT THE I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT. The utilization should state paid as agreed.\n\nMy right to privacy is guaranteed by 15 U.S.C. 1681 section 602 ( A ) .15 U.S.C. 1681s-2 ( A ) ( XXXX ) 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. \n\nAidvantage XXXX XXXX XXXX is the parent company they operated under ) is also in violation of The Family Educational Rights and Privacy Act ( XXXX ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the XXXX Department of Education. They also included erroneous reporting. XXXX XXXX shut down in XXXX after being hit with a series of sanctions by the Obama administration. Loan forgiveness was offered to more former XXXX XXXX students. They should have included my loan but they fail to do so. They continue to report this on my credit report. I want compensation because they violated me for years. They have reported monthly for 7 years. {$1000.00} per violation ( transaction ). {$1000.00} x 12 months for XXXX yrs total {$84000.00}. Their handling of my records and privacy is unacceptable. Under the regulations set forth by the Family Educational Rights and Privacy Act ( XXXX ), specifically outlined in the United States Code ( USC ) Title 20, Section 1232g, and the corresponding Code of Federal Regulations ( CFR ), Title 34, Section 99, educational records including student loan information are protected and should not be disclosed to unauthorized parties or reported on credit reports without proper authorization or when they pertain to defunct institutions. Aidvantage 's continued reporting of these loans has had severe financial consequences for me. Because of this inaccurate reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. \n\nI demand that Aidvantage rectify this issue immediately by removing these erroneous loan entries from my credit report in compliance with XXXX and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. \n\nI demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action","date_sent_to_company":"2024-04-12T06:44:55.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8759365","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2024-04-12T06:44:52.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."],"company":["Maximus <em>Federal</em> Services, Inc."]},"sort":[5.7825704,"8759365"]},{"_index":"complaint-public-v1","_id":"8738326","_score":5.7621803,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. Experian, XXXX and XXXX are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, Experian and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, Experian and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure. XXXX XXXX Code XXXX Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. Experian, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( EXPERIAN, XXXX, and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738326","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-10T18:19:19.000Z","state":"RI","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>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."],"company":["Experian <em>Information</em> Solutions Inc."]},"sort":[5.7621803,"8738326"]},{"_index":"complaint-public-v1","_id":"8610485","_score":5.7621803,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on May 29, 1968. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XXXX XXXX XXXX  shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. PERPETRATED AGAINST ME PERPETRATED AGAINST ME PAGAINST ME!","date_sent_to_company":"2024-04-01T19:46:59.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610485","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Self Financial Inc.","date_received":"2024-03-23T21:01:08.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7621803,"8610485"]},{"_index":"complaint-public-v1","_id":"8738371","_score":5.7560787,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, Transunion and XXXX are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, Transunion and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to Transunion, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Transunion, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in 16 CFR 433.1. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, Transunion and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( XXXX, TRANSUNION, and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:13.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738371","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-04-10T17:53:30.000Z","state":"RI","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>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7560787,"8738371"]},{"_index":"complaint-public-v1","_id":"8738327","_score":5.7560787,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and Equifax are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in XXXX and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies Equifax, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and Equifax, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and Equifax are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - XXXX of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and Equifax are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( XXXX, XXXX, and EQUIFAX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738327","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-10T18:19:19.000Z","state":"RI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7560787,"8738327"]},{"_index":"complaint-public-v1","_id":"8625996","_score":5.7560787,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE 3 CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2024-03-23T20:30:13.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8625996","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"World Acceptance Corporation","date_received":"2024-03-23T20:30:10.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7560787,"8625996"]},{"_index":"complaint-public-v1","_id":"8610973","_score":5.7560787,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of XXXX, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in XXXX and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of XXXX Information the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( XXXX ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE 3 CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-03-23T20:11:00.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610973","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Colony Brands, Inc.","date_received":"2024-03-23T19:49:56.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.7560787,"8610973"]},{"_index":"complaint-public-v1","_id":"8613850","_score":5.73704,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of XXXX, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in XXXX and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of XXXX Information the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE 3 CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. PERPETRATED AGAINST ME PERPETRATED AGAINST ME PAGAINST ME!","date_sent_to_company":"2024-03-23T21:01:03.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8613850","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ALLY FINANCIAL INC.","date_received":"2024-03-23T20:42:16.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.73704,"8613850"]},{"_index":"complaint-public-v1","_id":"8610500","_score":5.73704,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the XXXX. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" 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. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on May 29, 1968. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies Equifax and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to Transunion, Experian and Equifax, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Transunion, Experian and Equifax are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1,1977 from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XXXX XXXX XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed {$5000.00}, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than {$1000.00}, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than {$5000.00}, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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. 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 ( 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 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 : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, 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. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. PERPETRATED AGAINST ME PERPETRATED AGAINST ME PAGAINST ME!","date_sent_to_company":"2024-03-28T19:01:44.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610500","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-03-23T22:15:24.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Information</em> that is deemed private, protected, <em>controlled</em>, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and <em>federal</em> laws. <em>Information</em> that has not been adequately disclosed to the general public."]},"sort":[5.73704,"8610500"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":20,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":20}]}},"product":{"doc_count":20,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":19,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":19}]}},{"key":"Debt collection","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card debt","doc_count":1}]}}]}},"issue":{"doc_count":20,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Improper use of your report","doc_count":16,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Reporting company used your report improperly","doc_count":16}]}},{"key":"Incorrect information on your report","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Account information incorrect","doc_count":3}]}},{"key":"Attempts to collect debt not owed","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt was result of identity theft","doc_count":1}]}}]}},"timely":{"doc_count":20,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":20}]}},"company_response":{"doc_count":20,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":16},{"key":"Closed with non-monetary relief","doc_count":4}]}},"submitted_via":{"doc_count":20,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":20}]}},"company":{"doc_count":20,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Colony Brands, Inc.","doc_count":3},{"key":"EQUIFAX, INC.","doc_count":3},{"key":"SYNCHRONY FINANCIAL","doc_count":3},{"key":"Experian Information Solutions Inc.","doc_count":2},{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":2},{"key":"ALLY FINANCIAL INC.","doc_count":1},{"key":"ENCORE CAPITAL GROUP INC.","doc_count":1},{"key":"Maximus Federal Services, Inc.","doc_count":1},{"key":"Resurgent Capital Services L.P.","doc_count":1},{"key":"Self Financial Inc.","doc_count":1},{"key":"VYSTAR CREDIT UNION","doc_count":1},{"key":"World Acceptance Corporation","doc_count":1}]}},"state":{"doc_count":20,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"FL","doc_count":16},{"key":"RI","doc_count":3},{"key":"GA","doc_count":1}]}},"company_public_response":{"doc_count":20,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":9}]}},"tags":{"doc_count":20,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Servicemember","doc_count":1}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}