{"took":267,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":22,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"8038376","_score":19.057257,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I reached out the Randolph Brooks Federal Credit Union multiple times regarding this issue and received the same response. I even wrote letter to the headquarters directed to the CFO of the company. In my letter it stated that I extended my credit a there was a. misunderstanding of my rights and law governing credit transactions. I the cardholder in due course exercise my right to initiate the consumer credit transactions with the company. 15 USC 1602 a credit card includes any device use to obtain credit in which i granted the corporation.15 USC 1602 \" F '' reporting to consumer reporting agency is voluntary the CFPB and I haven't received any benefit from the use of my credit. \n15 USC 1602 \" P '' The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. 15 U.S. Code 1681- Congressional findings and statement of purpose. ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\nI had security collateral from my application and I demanded they pay me for the value of my personal information on application 16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. \nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\nor, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\n11 U.S. Code 548 - Fraudulent transfers and obligations ( a ) ( 1 ) The trustee may avoid any transfer ( including any transfer to or for the benefit of an insider under an employment contract ) of an interest of the debtor in property, or any obligation ( including any obligation to or for the benefit of an insider under an employment contract ) incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, if the debtor voluntarily or involuntarily ( A ) made such transfer or incurred such obligation with actual intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made or such obligation was incurred, indebted ; or ( B ) ( i ) received less than a reasonably equivalent value in exchange for such transfer or obligation ; and ( ii ) ( I ) was insolvent on the date that such transfer was made or such obligation was incurred, or became insolvent as a result of such transfer or obligation ; ( II ) was engaged in business or a transaction, or was about to engage in business or a transaction, for which any property remaining with the debtor was an unreasonably small capital ; ( III ) intended to incur, or believed that the debtor would incur, debts that would be beyond the debtors ability to pay as such debts matured ; or ( IV ) made such transfer to or for the benefit of an insider, or incurred such obligation to or for the benefit of an insider, under an employment contract and not in the ordinary course of business.\n\n( 2 ) A transfer of a charitable contribution to a qualified religious or charitable entity or organization shall not be considered to be a transfer covered under paragraph ( 1 ) ( B ) in any case in which ( A ) the amount of that contribution does not exceed 15 percent of the gross annual income of the debtor for the year in which the transfer of the contribution is made ; or ( B ) the contribution made by a debtor exceeded the percentage amount of gross annual income specified in subparagraph ( A ), if the transfer was consistent with the practices of the debtor in making charitable contributions.\n\n( b ) The trustee of a partnership debtor may avoid any transfer of an interest of the debtor in property, or any obligation incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, to a general partner in the debtor, if the debtor was insolvent on the date such transfer was made or such obligation was incurred, or became insolvent as a result of such transfer or obligation.\n\n( c ) Except to the extent that a transfer or obligation voidable under this section is voidable under section 544, 545, or 547 of this title, a transferee or obligee of such a transfer or obligation that takes for value and in good faith has a lien on or may retain any interest transferred or may enforce any obligation incurred, as the case may be, to the extent that such transferee or obligee gave value to the debtor in exchange for such transfer or obligation.\n\n( d ) ( 1 ) For the purposes of this section, a transfer is made when such transfer is so perfected that a bona fide purchaser from the debtor against whom applicable law permits such transfer to be perfected can not acquire an interest in the property transferred that is superior to the interest in such property of the transferee, but if such transfer is not so perfected before the commencement of the case, such transfer is made immediately before the date of the filing of the petition.\n\n( 2 ) In this section ( A ) value means property, or satisfaction or securing of a present or antecedent debt of the debtor, but does not include an unperformed promise to furnish support to the debtor or to a relative of the debtor ; ( B ) a commodity broker, forward contract merchant, stockbroker, financial institution, financial participant, or securities clearing agency that receives a margin payment, as defined in section 101, 741, or 761 of this title, or settlement payment, as defined in section 101 or 741 of this title, takes for value to the extent of such payment ; ( C ) a repo participant or financial participant that receives a margin payment, as defined in section 741 or 761 of this title, or settlement payment, as defined in section 741 of this title, in connection with a repurchase agreement, takes for value to the extent of such payment ; ( D ) a swap participant or financial participant that receives a transfer in connection with a swap agreement takes for value to the extent of such transfer ; and ( E ) a master netting agreement participant that receives a transfer in connection with a master netting agreement or any individual contract covered thereby takes for value to the extent of such transfer, except that, with respect to a transfer under any individual contract covered thereby, to the extent that such master netting agreement participant otherwise did not take ( or is otherwise not deemed to have taken ) such transfer for value.\n\n( 3 ) In this section, the term charitable contribution means a charitable contribution, as that term is defined in section 170 ( c ) of the Internal Revenue Code of 1986, if that contribution ( A ) is made by a natural person ; and ( B ) consists of ( i ) a financial instrument ( as that term is defined in section 731 ( c ) ( 2 ) ( C ) of the Internal Revenue Code of 1986 ) ; or ( ii ) cash.\n\n( 4 ) In this section, the term qualified religious or charitable entity or organization means ( A ) an entity described in section 170 ( c ) ( 1 ) of the Internal Revenue Code of 1986 ; or ( B ) an entity or organization described in section 170 ( c ) ( 2 ) of the Internal Revenue Code of 1986.\n\n( e ) ( 1 ) In addition to any transfer that the trustee may otherwise avoid, the trustee may avoid any transfer of an interest of the debtor in property that was made on or within 10 years before the date of the filing of the petition, if ( A ) such transfer was made to a self-settled trust or similar device ; ( B ) such transfer was by the debtor ; ( C ) the debtor is a beneficiary of such trust or similar device ; and ( D ) the debtor made such transfer with actual intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made, indebted.\n\n( 2 ) For the purposes of this subsection, a transfer includes a transfer made in anticipation of any money judgment, settlement, civil penalty, equitable order, or criminal fine incurred by, or which the debtor believed would be incurred by ( A ) any violation of the securities laws ( as defined in section 3 ( a ) ( 47 ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ( a ) ( 47 ) ) ), any State securities laws, or any regulation or order issued under Federal securities laws or State securities laws ; or ( B ) fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section 12 or 15 ( d ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l and 78o ( d ) ) or under section 6 of the Securities Act of 1933 ( 15 U.S.C. 77f ).","date_sent_to_company":"2023-12-20T18:25:56.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"76502","tags":null,"has_narrative":true,"complaint_id":"8038376","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"RANDOLPH-BROOKS FEDERAL CREDIT UNION","date_received":"2023-12-20T17:03:14.000Z","state":"TX","company_public_response":null,"sub_issue":"Loan opened without my consent or knowledge"},"highlight":{"complaint_what_happened":["Code 548 - Fraudulent transfers and obligations ( a ) ( 1 ) The trustee may avoid any transfer ( including any transfer to or for the benefit of an <em>insider</em> under an employment contract ) of an interest of the debtor in property, or any obligation ( including any obligation to or for the benefit of an <em>insider</em> under an employment contract ) incurred by the debtor, that was made or incurred on or <em>within</em> 2 <em>years</em> <em>before</em> the date of the filing of the petition, if the debtor voluntarily or involuntarily"]},"sort":[19.057257,"8038376"]},{"_index":"complaint-public-v1","_id":"3382610","_score":8.923053,"_source":{"product":"Mortgage","complaint_what_happened":"Can not get a clear title Property because NationStar Mr.Cooper placed a False Proof of Claim in the Case>! \nXXXX XXXX XXXX, appearing pro se, as and for his OBJECTION to the Motion for relief filed by disinterested person Nationstar Mortgage, LLC d/b/a Mr. Cooper ( \" Mr. Cooper '' ), dated XX/XX/XXXX and found at ECF Docket No. XXXX ( the \" Motion '' ) respectfully submits the following Objections to this honorable court for its consideration : 1. Movant Mr. Cooper claims, falsely, that they are a secured creditor. However, 11 USC 101 ( 10 ) defines the term \" creditor '' to mean : ( A  ) entity that has a claim against a debtor that arose at the time of or before the order for relief concerning the debtor ; or, ( B ) entity that has a claim against the estate of a kind specified in section 348 ( d ), 502 ( f ), 502 ( g ), 502 ( h ), 502 ( i ), ; or, ( C ) entity that has a community claim.\n\nFurthermore, 11 USC 101 ( 14 define the tern \" disinterested person '' to mean : ( A ) is not a creditor, an equity security holder, or an insider ; ( b ), is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor ; and, ( C ) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason. Debtor OBJECTS to the claim that Mr. Cooper is a creditor at all and OBJECTS further that he is secured, since no valid original Note or other security instrument exists between this debtor and Mr. Cooper or any other party. \n2. DISINTERESTED PERSON MR. COOPER 's FAILURE TO COMPLY WITH FRBP RULE 3001 : FRBP Rule 3001 requires Mr. Cooper to file a Proof of Claim, and the required supporting documentation which is subject to review and scrutiny of this court and the debtor, in order to be deemed a party in interest or creditor in this case. ( SEE : In re : XXXX, No. XXXX ( XXXX  ) XXXX XXXX. XXXX XXXX ( Bankr. XXXX. XXXX ) ). FRBP Rule 3001 in relevant parts to the Motion and this Objection provides that : \" A Proof of Claim is a written statement setting forth a creditor 's claim. A Proof of Claim shall conform substantially to the appropriate Official Form. ( FRBP Rule 3001 ( a ) ). A Proof of Claim shall be executed by the CREDITOR or the creditor 's authorized agent except as provided in Rules 3004 and 3005. ( FRBP Rule 3001 ( b ) ). Regarding a claim in writing, as disinterested person Mr. Cooper has alleged here in the Motion despite, Mr. Cooper 's failure to file a proof of Claim, except for a Proof of Claim governed by paragraph ( 3 ) of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing ( as alleged by the disinterested arty here ), shall be filed with the Proof of Claim. If the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction shall be filed with the claim. ( FRBP Rule 3001 ( c ) ( 1 ) ). However, no statement of circumstances was submitted here by disinterested person Mr. Cooper, only a statement of an unqualified person alleging the loss occurred without explanation on a self-styled and fraudulently contrived loss affidavit, which violates Rule 3001 ( c ) ( 1 ). \nIn an individual debtor case, as here, FRBP Rule 3001 authorizes sanctions against disinterested persons such as Mr. Cooper, and their counsel Mr. XXXX, for failure to comply with the rule. If, in addition to its principal amount. a claim includes interest, fees, expenses or other charges incurred before the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be filed with the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( A ) ). Mr. Cooper never filed the Proof of Claim including these schedules, as required under the Rule, in violation of FRBP Rule 3001 ( c ) ( 2 ) ( A ). therefore, the Motion itself is not properly before this court, as is necessary to have the motion 's merits considered. \nIf a security interest is claimed in the debtor 's property, a statement of the amount necessary to cure any default as of the date of the petition shall be filed with the proof of claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( B ) ). Yet none of these requirements were met by Mr. Cooper either. In fact, of all of the documents submitted with the motion by Mr. Cooper, none of them suffice, meet or supersede the requirements set forth in Rule 3001. The debtor OBJECTS to the validity of the Motion as a valid motion before the court on these grounds. \nIf a security interest in claimed in property that is the debtor 's principal residence, as disinterested person Mr. Cooper has done here, the attachment prescribed by the appropriate Official Form shall be filed with a Proof of Claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and, in the form, consistent applicable nonbankrupt law shall be filed with the attachment to the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( C ) ). Lacking the filing of ANY Proof of Claim, debtor OBJECTS to all of Mr. Coopers claims in his Motion and hereby shows that Mr. Cooper lacks standing to : pursue any relief through these proceedings or through the motion, seek the removal of the stay under 11 USC 362 ( d ) ( 1 ) or ( 4 ), and Mr. Cooper can not have the merits determined upon his motion for failure to adequately satisfy the requirements of Rule 3001. \nIf the holder of a claim fails to provide any information required under Rule 3001, the court may, after notice and hearing, take either or both of the following action : ( 1 ) preclude the holder from presenting omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) ), or award other appropriate relief, including reasonable expenses and attorney 's fees caused by the failure. ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( ii ) ).\n\nDebtor OBJECTS to disinterested person Mr. Cooper 's failure to follow the Federal Rules of Bankruptcy Procedure in this case and avers that MR. Cooper is not a party in interest to this case. As, such Debtor hereby implores the court invoke the maximum sanctions allowed as set forth in FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ). Debtor intends to seek sanctions against Mr. Cooper pursuant to FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ) in a separate Motion. However, herein debtor OBJECTS to disinterested person Mr. Cooper 's Motion based upon the foregoing.\n\nIf a security interest in a property of the debtor is claimed, as disinterested person Mr. Cooper does in the Motion, the Proof of Claim must be accompanied by evidence that the security interest is perfected. ( FRBP Rule 3001 ( d ) ). Of course, since Mr. Cooper failed to comply with this section of Rule 3001 by failing to even file a Proof of Claim, the Motion is improperly before the court. Debtor OBJECTS to the validity of the motion, and to the motion being determined upon its merits based upon this failure by disinterested party Mr. Cooper to provide any valid authentication of perfection of a security instrument under that name which established any debtor/creditor relationship between the parties here. No creditor/ Debtor relationship exists between XXXX XXXX and disinterested person Mr. Cooper . \n3. Having failed to comply with ANY of the requirements set forth under FRBP Rule 3001 in this instance, and pursuant to definition under 11 USC 101 ( 14 ), Mr. Cooper is a disinterested party in this case lacking standing to file the instant Motion. Debtor therefore OBJECTS to the claim by Mr. Cooper to be a party of interest in these proceedings. \n4. Mr. Cooper is not, and can not be deemed to be, a \" secured creditor '' as claimed in the Motion pursuant to Rule 3001 or 11 USC 101 ( 10 ) or ( 14 ). ( FRBP Rule 3001 ; 11 USC 101 ( 10 ) and ( 14 ) ). Debtor OBJECTS to the claim that Mr. Cooper is a secured creditor based upon these facts.\n\n5. Mr. Cooper 's Motion seeks relief pursuant to 11 USC 362 ( d ) ( 1 ) and 11 USC 362 ( d ) ( 4 ). According to the statute : \" On request of a PARTY IN INTEREST and after notice and a hearing, the court shall grant relief from the stay provided under subsection ( a ) of this section, such as by terminating, annulling, modifying or conditioning such stay : ( 1 ) for cause, including the lack of adequate protection of an interest in property of such party in interest. \" ( 11 USC 362 ( d ) ( 1 ) ). Also, \" with respect to a stay of an act against real property, under subsection ( a ), by a CREDITOR whose claim is secured by an interest in real property, if the court finds that the filing of the petition was part of a scheme to delay, hinder, or defraud creditors that involved either ( A ) transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval ; or ( B ) multiple bankruptcy filings affecting such real property. '' ( 11 USC 362 ( d ) ( 4 ) ). However, disinterested party Mr. Cooper has failed to meet the requirements of filing or perfecting a Proof of Claim or security instrument and has failed to qualify as a PARTY IN INTEREST. Therefore, Mr. Cooper can not possibly be deemed to be having made a \" request of a party of interest '' under the predicate requirement in 11 USC 362 ( d ) ( 1 ). By not satisfying the predicate element of being a \" party in interest '' to file the Motion in the first place, and specifically, in lack of the existence of any Proof of Claim filed under Rule 3001, Mr. Cooper 's Motion CAN NOT be considered pursuant to section 362 ( d ) because Mr. Cooper does not satisfy the predicate requirement of being a \" party in interest '' set forth in the statute to file the Motion as defined under 11 USC 101. Likewise, Mr. Cooper can not be deemed to be a Creditor at all since no creditor/Debtor relationship exists between his debtor and Mr. Cooper, and Mr. Cooper has failed to provide one single piece of evidence showing a creditor/debtor relationship exists between the parties involved. This negates Mr. Cooper 's ability to file as \" creditor '', which is the predicate requirement under 11 USC 362 ( 4 ) necessary to seek relief. Based upon the foregoing, Debtor Objects to the Motion under section 362 ( d ) ( 1 ) and ( 4 ) because it seeks relief which can not be granted because the Movant fails to meet the requirements to be deemed a \" party in interest '' or a \" creditor '' as defined under Title 11. Therefore, disinterested person Mr. Cooper does not satisfy the predicate element requirements under 362, in any way, which would allow Mr. Cooper to file the motion in the first place.\n\n6. In light of Mr. Cooper 's complete failure to provide a Proof of Claim under Rule 3001, the Motion again seeks relief which can not be granted under the statute and must be denied. Based upon the foregoing debtor OBJECTs to the Motion in its entirety.\n\n7. Since MR. Cooper is indeed is NOT a Creditor, as defined under 11 USC 101 ( 10 ), his claim to be creditor is false. Debtor OBJECTS to Mr. Coopers false and misrepresentative characterization of itself as a creditor, made for the purposes of fraud upon the court and to defraud this debtor.\n\n8. Mr. Cooper is indeed a disinterested person, as defined under 11 USC 101 ( 14 ), and as such seeks relief which can not be granted under section 362, because section 362 requires that the motion for relief must be filed by a \" party in interest '' as defined under 11 USC 101. ( 11 USC 362 ( d ) ( 1 ) and ( 4 ) and, also : 11 USC ss 101 ( 10 ) ( 14 ) ). Debtor OBJECTS to the filing of the Motion by a disinterested person which was filed for the fraudulent purposes of obtaining debtor 's property when no debtor/creditor relationship exists.\n\n9. Because Rule 3001 requires that a Proof of Claim be filed \" in proper form and context '', and MR. Cooper failed to file one, the Motion must be denied pursuant to Rule 3001 ( a ). Debtor Objects to the motion based upon this deficiency. ( FRBP Rule 3001 ( a ) ).\n\n10. Because Rule 3001 ( b ) requires that a Proof of Claim MUST BE EXECUTED BY THE CREDITOR or the CREDITOR 's agent, and Mr. Cooper has failed to do so, and the Motion must be denied.\n\n11. Because Mr. Cooper 's claims to be a \" secured creditor but has not filed a Proof of Claim or proof of security with that Proof of Claim, as required under Rule 3001 ( c ), Mr. Cooper 's Motion is non-compliant with the Federal Rules of Bankruptcy procedure and must be denied. Debtor OBJECTS to the filing of the Motion by Mr. Cooper in the improper form and context in violation of FRBP Rule 3001 ( c ).\n\n12. Because Mr. Cooper, by and through their attorney XXXX XXXX fail to meet any of the requirements of FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) and ( 2 ) ( A-C ), the motion must be denied. ( FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) ( a-c ) ).\n\n13. Since Debtor is entitled to sanctions against disinterested party Mr. Cooper for failure to comply with Rule 3001 and 11 USC ss 362 ( d ) ( 1 ) and ( 4 ), the motion must be denied.\n\n14. Disinterested person Mr. Cooper 's Motion, as stated on its face, was made under FRBP Rule 4001. \n15. FRBP Rule 4001 is governed by FRBP Rule 9014. Rule 9014 pertains to contested matters as those which appear here in the Motion, between debtor XXXX  and disinterested person Mr. Cooper.\n\n16. Rule 9014 provided that : \" Testimony of witnesses with respect to disputed material factual issues shall be taken in the same manner as testimony in an adversarial proceeding '' ( FRBP Rule 9014 ( d ) ). Also, \" The court shall provide procedures that enable parties to ascertain a reasonable time before any scheduled hearing, whether the hearing will be an evidentiary hearing at which witnesses may testify ''. ( FRBP Rule 9014 ( e ) ). \n17. Debtor XXXX respectfully requests and hereby implores the court to instigate procedures set forth under FRBP Rule 9014 ( d ) and ( XXXX ) at this time, because it is the intent of the debtor to call witnesses, including alleged signatory of documents submitted by Mr. Cooper, to testify before the court, through subpoena if necessary, to adjudicate and determine the veracity of the documents and statements made by Mr. XXXX speaking for Mr. Cooper and others involved in the claims presented by Mr. Cooper in the Motion. Debtor has already determined and established that many of the signatures on the documents presented by Mr. Cooper to this court as authentic were forgeries or made by unreal persons and persons without authority to make the assignments relied upon by Mr. Cooper, in the scheme and artifice to defraud this debtor perpetrated by Mr. Cooper, Mr. XXXX and others. \n\n18. Because Mr. Cooper 's motion fails to satisfy the foregoing requirements of FRBP Rule 4001, 9014, 3001 and 11 USC 362, and 11 USC 101 ( 10 ), the court must deny the Motion on these grounds before it reaches any merits determinations on the Motion. Debtor OBJECTS to the Motion as being non-compliant with the statutory requirements and procedural Rule requirements set forth in the foregoing. \n19. Mr. Cooper 's reliance upon a lost note affidavit in the submitted supplemental documentation attached to the motion is noncompelling and invalid. New York State UCC law governs the lost note requirements in New York Bankruptcy cases. Because Mr. Cooper is relying upon a \" lost note affidavit '' to prove its \" secured creditor '' status to this court without complying with the requirements of NY UCC 3-804, Mr. Cooper lacks standing to pursue any actions in this case. The restrictions of res judicata forbid Mr. Cooper form relitigating this fact. In previous cases this very court already informed  Mr. XXXX that it could not rule in favor of XXXX 's previous co-conspirators and co-schemers upon their Motion for relief from stay, namely XXXX Investors, XXXX, Seterus and Mr. Cooper and others, because they ALL failed to provide this court with security bond for indemnification in at least twice the amount of the claim as required under NY UCC 3-804 ( SEE : NY UCC 3-804 ). XXXX and Mr. Cooper lacked standing to have the stay removed then, and they do now, upon the same grounds. Debtor OBJECTS to disinterested person Mr. Cooper 's attempt to relitigate their lack of standing due to non-compliance with NY UCC 3-804, and requests that XXXX and Mr. Cooper 's motion be denied, with prejudice, based upon their schemes and false claims. Debtor asserts that Mr. Cooper can not obtain bond in order to comply with NY UCC 3-804 because their claims and supporting documents are forged and fraudulent, and that the bonding and insurance companies, being aware of this fact, can not legally endorse a bond based under those circumstances. See Exhibit ( A ) Transcripts XXXX XXXX XXXX on XX/XX/XXXX Page 21 lines 14-25 and page 22 lines 1-6 WHEREFORE, as set forth and supported above, based upon : 1 ) Mr. Cooper 's lack of standing as a creditor ; 2 ) Mr. Cooper 's lack of security to be deemed a secured creditor ; 3 ) Mr. Cooper 's failure to comply with the requirements of statutes and Federal Rules of Bankruptcy Procedure, as specified above ; 4 ) Mr. Cooper 's status as a disinterested person as defined under 11 USC 101 ( 14 ) ; and, 5 ) the fact that the Motion state a claim and seeks relief which can not be granted, 6 ) the fact that a merits determination can not be made due to non-compliance with the Rules and Procedures as set forth above ; 7 ) Mr. Coopers restrictions pursuant to the principal of res judicata concerning NY UCC 3-804 the debtor respectfully requests that this honorable court : 8 ) deny Mr. Cooper 's Motion, with prejudice ; 9 ) invoke the sanctions authorized under Rule 9014 ( d ) to their maximum ; 10 ) forbid any further submission of evidence of any claim by Mr. Cooper and/or Mr. XXXX, pursuant to Rule 9014 ( d ) ( 2 ) ; and, 11 ) Provide any other relief to the debtor that this court may deem just and proper.\n\nI, XXXX XXXX born XX/XX/XXXX swear under the penalty of perjury that that my identity is as fore stated and is verified by the following witnesses or notary public. Furthermore, I agree to indemnify and hold anyone who uses this document to verify my identity harmless from any and all liabilities it may incur due to the reliance upon my statements. \nRespectfully submitted XX/XX/XXXX, I XXXX XXXX XXXX, appearing pro XXXX, do hereby affirm that the foregoing is truthful and correct to the best of my knowledge and belief, under penalty of perjury. See 28 U.S. Code 1746 ( 1 ) FRAUD BY XXXX XXXX : Title 18 USC 157 Bankruptcy fraud provides that : A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so -- ( 1 ) files a petition under Title 11 ; or ( 2 ) files a document proceeding under Title 11 ; or ( 3 ) makes a false or fraudulent representation, claim or promise concerning or in relation to a proceeding under Title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both.\n\nTitle 18 USC 1014 Loan and credit applications generally ; renewals and discounts ; crop insurance provides that : Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of ... a Federal Reserve Bank ..., any institution insured by the Federal Deposit insurance Corporation ... or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan, as defined in the Real Estate Settlement Procedures Act of 1974 [ 12 USC 2602 ], upon any application, advance, discount, purchase, purchase agreement, commitment, loan ... or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefore, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years or both. \nTitle 18 USC 1016 Acknowledgment of appearance or oath provides that : Whoever being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgement, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the united States or by any Department or Agency thereof, concerning which an oath or affirmations required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this Title or imprisoned not more than two years, or both.\n\nTitle 18 USC 1018 Official certificates or writings provides that : Whoever being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this Title or imprisoned not more than 1 year, or both.\n\nTitle 18 USC 1021 Title records provides that : Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this Title or imprisoned not more than 5 years, or both.\n\nTitle 18 USC 1341 Frauds and swindles provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice to defraud or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives there from, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this Title or imprisoned not more than 20 years, or both.\n\nT\nitle 18 USC 1343 Fraud by wire, radio, or television provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, television communication in interstate commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this Title or imprisoned not more than 20 years, or both.\n\nTitle 18 USC 1349 Attempt and conspiracy provides that : \" Any person who attempts or conspires to commit any offense under this Chapter shall be subject to the same penalties as those prescribed for the offense of which was the object of or intent of the conspiracy.\n\nTitle 18 USC 1021 Title records provides that : \" Whoever, being an officer of the court [ i.e. attorney ] or other person authorized by any law of the United States to record a conveyance or any other instrument which by such law may be recorded, knowingly certifies that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than 5 years, or both.\n\nTitle 18 USC 1962 Prohibited activities provides that : ( a ) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.\n\n( b ) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.\n\n( c ) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprises affairs through a pattern of racketeering activity or collection of unlawful debt.\n\n( d ) It shall be unlawful for any person to conspire to violate any of the provisions of subsection ( a ), ( b ), or ( c ) of this section.\n\nTitle 18 USC 3057 Bankruptcy investigations provides that : ( a ) Any judge, receiver, or trustee having reasonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed. Where one of such officers has made such report, the others need not do so.\n\n( b ) The United States attorney thereupon shall inquire into the facts and report thereon to the judge, and if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury, unless upon inquiry and examination he decides that the ends of public justice do not require investigation or prosecution, in which case he shall report the facts to the Attorney General for his direction. \n\nTitle 28 USC 524 Judiciary and Judicial Procedure provides that : ( a ) Appropriations for the Department of Justice are available to the Attorney General for payment of -- ( 1 ) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration ; and ( 2 ) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. \n( b ) Except as provided in subsection ( a ) of this section, a claim of not more than {$500.00} for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment.\n\n( c ) ( 1 ) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund ( hereafter in this subsection referred to as the Fund ) which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes -- ( A ) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including -- ( i ) payments for -- ( I ) contract services ; ( II ) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties ; and ( III ) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this clause ; ( ii ) payments to reimburse any Federal agency participating in the Fund for investigative costs leading to seizures ; ( iii ) payments for contracting for the services of experts and consultants needed by the Department of Justice to assist in carrying out duties related to asset seizure and forfeiture ; and ( iv ) payments made pursuant to guidelines promulgated by the Attorney General if such payments are necessary and directly related to seizure and forfeiture program expenses for ( I ) the purchase or lease of automatic data processing systems ( not less than a majority of which use will be related to such program ) ; ( II ) training ; ( III ) printing ; ( IV ) the storage, protection, and destruction of controlled substances ; and ( V ) contracting for services directly related to the identification of forfeitable assets, and the processing of and accounting for forfeitures ; ( B ) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of chapter 77 of title 18, sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986 ; ( C ) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Fund ; ( D ) the compromise and payment of valid liens and mortgages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary ; ( E ) ( i ) for disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice ; and ( ii ) for payment for ( I ) costs incurred by or on behalf of the Department of Justice in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine ; and ( II ) costs incurred by or on behalf of a Stat","date_sent_to_company":"2019-09-25T18:14:11.000Z","issue":"Closing on a mortgage","sub_product":"Other type of mortgage","zip_code":"14228","tags":null,"has_narrative":true,"complaint_id":"3382610","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mr. Cooper Group Inc.","date_received":"2019-09-23T01:22:16.000Z","state":"NY","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Furthermore, 11 USC 101 ( 14 define the tern \" disinterested person '' to mean : ( A ) is not a creditor, an equity <em>security</em> <em>holder</em>, or an <em>insider</em> ; ( b ), is not and was not, <em>within</em> 2 <em>years</em> <em>before</em> the date of the filing of the petition, a director, officer, or employee of the debtor ; and, ( C ) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity <em>holders</em>, by reason of any direct or indirect relationship to, connection with, or interest"]},"sort":[8.923053,"3382610"]},{"_index":"complaint-public-v1","_id":"2567168","_score":6.528954,"_source":{"product":"Mortgage","complaint_what_happened":"Additional Complaint Addendum TO - XXXX XXXX XXXX XXXX XXXX XXXX ( Main Office ). XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX Under NJ Rev Stat 2A:50-56 ( 2016 ) P. 11 - ( 11 ) the name and address of the lender and the telephone number of a representative of the lender whom the debtor may contact if the debtor disagrees with the lender 's assertion that a default has occurred or the correctness of the mortgage lender 's calculation of the amount required to cure the default.\n<P/>\nThe New Jersey Courts required Ocwen Loan Servicing to refile the Notice of Intent to Foreclose with the True and Correct name and address of the Said Lender. Ocwen resubmitted the the requested document and Claimed the lender was XXXX XXXX XXXX XXXX XXXX XXXX NY.\n<P/>\nI Sent a Formal Complaint to the address and after a number of Attempts by the USPS the Item Was Delivered. We also stipulated that if they did not reply that we would Rescind the mortgage and nullify the Contract. It has been over 3 Years since the attempt to communicate with the Lender as stated on the Notice of Intent to foreclose by NJ LAW 2A:50-56.\n<P/>\nIn the Last week I have contacted the CFPB and made a number of Complaints including Complaint numbers XXXX ( OCWEN ), XXXX ( XXXX XXXX ) and XXXX ( XXXX XXXX XXXX ).\n<P/>\nOn XX/XX/XXXX The CFPB Formal requested the Answer from the our complaint, The Company responded the complaint does not belong to them. ( XXXX XXXX XXXX ) NOTICE OF INTENT TO FORECLOSE STATED THAT THE LENDER WAS XXXX XXXX XXXX XXXX XXXX NY - THUS THIS COMPLAINT SHALL ALSO BE ISSUED TO THEM AS THIS IS A LEGAL REQUIREMENT IF XXXX XXXX XXXX COME BACK AND CLAIM THEY ARE NOT THE LENDER THEN OCWEN HAS COMMITTED FRAUD AND DECEPTION ANLONG WITH UNDER LAW OFFICES AND XXXX XXXX XXXX WE HAVE NOT BEEN ABLE TO DISCUSS OUR ISSUES WITH THE SERVICER WITH THE LENDER AS REQUIRED BY LAW.\n<P/>\nI XXXX XXXX, of XXXX XXXX XXXX XXXX, New Jersey along with my Daughter as Trustee to my financial estate and whom holds full power of attorney, hereby serves you notice of the following complaint [ s ].\n<P/>\nI XXXX XXXX on this day, XX/XX/XXXXhereby request for Ocwen known as the Servicer, and XXXX XXXX as said Lender to examine and respond to all complaints, under the Fair Foreclosure Act, and any other acts including Municipal, Federal and state laws of New Jersey, Florida and New York.\n<P/>\nWhilst this complaint is under investigation and the time given to respond ; you are requested to post a moratorium of foreclosure and delay any activity with any sheriff sale until further notice. ( Currently set forXX/XX/XXXX ) As previously noted in past communications any such delay, failure or other attempt to ignore these complaints shall accelerate any actions prepared. Additionally, The CFPB and other Agencies have duly been notified. A copy of this communication has been submitted into evidence with these said agencies.\n<P/>\nThis Complaint also is Against XXXX XXXX XXXX and its Activities on your behalf. We would like to let [ ocwen ] you know we have already filed Complaints against your counsel with the New Jersey Bar. Once all legal proceedings and foreclosure activities are terminated, an Investigation will be conducted independently by the New Jersey bar Association. As such, any replies via XXXX will be deemed tainted and a conflict of interest.\n<P/>\nCOMPLAINT One ( 1 ) : XXXX Forced Place Insurance.\n<P/>\nWe would like a full investigation, and either a Reduction of costs with regards to forced placed Insurance. In addition to, the consistently increasing cost of insurance that does not cover or replace anything with the property in question. You were requested for an amount that is said to be distributed to XXXX However you have failed to properly disclose if the funds were properly transferred and used for Insurance purposes.\n<P/><P/><P/>\nWe have previously requested help from the insurance company and were denied. However, when we approached an independent insurance agency they said you had received a distribution? - However this was not distributed to the homeowner ; why, and to whom?\n<P/>\nFurthermore due to the continuing escalation of the problems faced after Hurricane XXXX the Roof and Guttering and areas around the house, including the Garage have completely collapsed.\n<P/>\nThe Roofing Shingles have completely been blown away / stripped off the roof, 90 % occurred from Hurricane XXXX yet even though we felt the full force, you claim that we were not in an area that was affected. This has caused continuous leaks in various parts of the house. Including the collapse of the hallway ceiling, in which we have already fixed and replaced ourselves.\n<P/>\nYou have put us in a position where we can not obtain 3rd party insurance because of the problems that already exist which your insurance company does not want to fix. As such we have given up discussing anything with the Insurance Company over the last 5 years, as they are useless and uncaring.\n<P/>\nInXX/XX/XXXX a summer storm destroyed a Kitchen Skylight, which leaked and fell into the home, as homeowner I hired a private contractor and filled the gap left by the collapsing skylight, the leak created cracks in the Ceiling and still have yet to be repaired.\n<P/>\nThe Insurance Company said they were not prepared to pay for the issue, because the Fix had already taken place. Under the circumstances it was either that or have a giant hole allowing the elements to run wild inside the house. Yet for some reason a 3rd party insurance system claimed the funds were distributed anyway ( see other complaint ) So the question is why should you have the ability to claim the Insurance charges if they do not provide a service to repair any issues at hand? You have previously chosen a sister company that fails to provide any service and yet charge up to 3 times as much? - Possible Criminal Activity.\n<P/>\nAs you have not provided any repairs to the house, resulting in the value to be sharply affected, you [ Ocwen ] and XXXX / XXXX XXXX XXXX XXXX have failed to provide any service or return. Thus we would either request for you to fully repair items that are wrong to be fixed and replaced, thus putting the home into livable and economic prosperity.\n<P/>\nAs you [ Ocwen ] are claiming that we owe the costs of insurance [ XXXX et all ], and if we come to an agreement to modify the mortgage, then in your minds eye we have been [ already ] charged for the service in question.\n<P/>\nFurthermore the homeowner never received any payout from the class action lawsuit filed against Ocwen, XXXX et al ; Case No. XXXX Thus in all aspects you still owe 12.5 % of all funds being requested.\n<P/><P/>\nHowever If you fail to repair, replace and finally get someone to fix those issues then we request 100 % of those funds and charges to be removed. We should not be liable for payment and accept the charges for nothing being done. One has to receive a product or service. Thus you and your insurance company are proceeding to partake in theft, you have received money ( via escrow ) to pay XXXX and others, for them to do nothing when required COMPLAINT TWO ( 2 ) : Intentionally Delayed Court Actions.\n<P/>\nDuring the 7 year battle within the New Jersey court system at least 3 of those years were beyond the control of the homeowner. Ocwens legal agent and Representative XXXX XXXX XXXX intentionally sat on their hands for over three years. They continued to do nothing. There was such a delay even the court responded with the threat and action of dismissing the case.\n<P/>\nDuring the period of legal recourse it is the responsibility of the Plaintiff [ which you claim to have been ] ; that indeed the plaintiff had no activity and the court sent many warnings over this time. Failing to respond, the court dismissed the case Due to Lack of prosecution not once byt twice twice. XXXX XXXX XXXX then had to file motions and send representatives to court on multiple occasions increasing legal fees, unnecessarily a burden upon the homeowner. The defendant lost time from work, overtime and caused undue stress.\n<P/>\nIf you would have acted properly and on time, we would have never had to go through such action. This was not the only occurrence it happened twice. With one being completely dismissed, resulting in a request to reinstatement.\n<P/>\nPlease tell us why we should pay for any of the legal costs, if you or your legal team were not even prepared to take action throughout all these years? We had to spend our time, effort, money and health waiting for you to just answer simple questions and take appropriate actions.\n<P/><P/>\nCOMPLAINT THREE ( 3 ) : QUESTIONABLE OCWEN EMPLOYEE ACTIVITY We further wish to complain that you are allowing and accepting your employees to freely give insider information and help foreclosure attorneys. Such as the Use of an Employee called XXXX XXXX XXXX She had worked at your Florida Office then Moved to the Offices of XXXX XXXX.\n<P/>\nWe have transcripts from a conversation between ourselves anXXXX XXXX holder admitting she worked for them. What makes matters worse is that she was involved with our own account. We believe this is a conflict of interest.\n<P/>\nAs such you are now fully aware of this happening, You had freely supplied her name and information during the discovery process, and we have enough evidence to move a complaint in criminal court.\n<P/><P/>\nHowever we could come up with an amicable solution. If you work with us on a modification that 's workable and sustainable, under terms agreed by both sides, by virtue of examining any counter offer.\n<P/>\nYou are claiming that we owe a total of XXXX Thousand dollars as of this date, for a property valued at just over XXXX  Thousand* in good condition. The Market for this house in this area is between 98 and 110 Thousand in current condition, and lets be realistic here, no one with any right mind, investor or not, will be willing to spend the XXXX  Thousand minimum you are asking at Auction and spend another XXXX  Thousand fixing it.\n<P/>\nIf you fail to agree to at least examine any counter offer from US then we reserve the right to continue legal action against Ocwen and XXXX for the foreseeable future either through Criminal, Bankruptcy ( Federal Court ) / and the filing of a separate civil case of Wrongful Foreclosure. This could take years and an additional half a million in costs. This would be a grand total of about 1 Million in losses. As a stock holder I would love to see how fellow stock holders would view this. I would be willing to write and publish an open letter to all stock holders claiming you would rather spend XXXX Million Dollars fighting for a XXXX thousand property.\n<P/>\nNOTE : This would be public knowledge and of public record. This occurrence will be a negative reflection on the title, thus any purchaser considering obtaining a title search shall see such activity and will fail to even agree to any sale above $ 100k. Thus it would be better for you to agree to fixing the issues and reducing the amount owed. Cleaning up the problem and apologizing for allowing your staff and legal representation to corrupt the course of justice, especially after you rehired XXXX XXXX a few years later.\n<P/><P/>\nCOMPLAINT FOUR ( 4 ) Improper Actions with XXXX XXXX XXXX  The Forced and Faked Modification If you check your records, that 's if you have been keeping them up to date, you should be in receipt of a Cease and Desist order from us, as you had filed one against us prior. This swap of C & Ds are all concerning a set of emails from one of your representatives communicating with XXXX XXXX XXXX along with being ccd to myself and my daughter XXXX.\n<P/>\nWe responded by asking what modification? ; as we had not signed any declaration, nor attempted to signal any intention to modify at that time, As we were still in litigation.\n<P/>\nIt also said that you had received payment for the first deposit, yet we had no idea of the existence of such modification and clearly did not set up any type of modification payment plan during this period of time.\n<P/>\nWe would like a proper investigation, and explanation of why you and XXXX/Ocwen tried to commit a criminal action, forgery, deposit and got caught doing so. We would like you to find out why your Legal team is clearly faking information for the benefit of your company. We hold the evidence and we have the emails, so you should either work out a favorable solution or if you take further foreclosure action we will start a criminal case against you.\n<P/>\nIf we are not satisfied by the outcome of this Complaint will be proceed to file Criminal Court complaints, if you do not properly investigate the contents of this communication. The statute of limitations starts when you proceed with this foreclosure. On an Additional note ; We have already been given the go ahead by the New Jersey Civil Court System that this is a criminal action and would have to file it within the criminal justice system. So we Request you take this complaint Seriously.\n<P/><P/><P/><P/><P/>\nOur question to you is do you want us to conduct such activities On XX/XX/XXXX Followed by a wrongful foreclosure civil case and a Federal Bankruptcy case do go along side it. We have the Case Information Statements and fees on standby. Its your call We also know the Names, Dates, Times and places so Discovery wont be too burdensome on your behalf.\n<P/>\nCOMPLAINT FIVE ( 5 ) NON-RESPONSE From Lender XXXX to QWR of NOI The New Jersey Courts requested a proper Second updated Legal notice of Intent to foreclose. The Lender as stated on the Notice of Intent [ NOI } was Contacted via a QWR ( Qualified Written Request ) within the permitted dates allowed by law, as of this date there has been zero contact from the Lender in due course.\n<P/>\nAs a part of this complaint filed under all statutes of the Fair Foreclosure Act and the Fair Debt Collection Practice Act, Both at Federal and all statute laws of New Jersey ( Homeowner ), Florida ( Ocwen ) and New York ( XXXX ) ; we once again issue this complaint as an additional QWR written request for a full and valid reply from XXXX XXXX XXXX, titled as lender, on the qualified Intent to Foreclose or XXXX XXXX XXXX XXXX XXXX XXXX We ( as consumer and customer ) - have the right to demand that we have direct communication with the Lender, especially if we have problems and issues with the Servicer [ Ocwen ], so please provide within 14 days the Name and Contact address, Telephone Number, Fax Number and Email Address of the Bank.\n<P/>\nIf you can not provide a qualified response as per the Notice of Intent to Foreclose and admit the information you published is wrong, please let the court and the Sheriff of XXXX County know you either made a mistake in completing the Notice Of Intent and that you admit that we [ Homeowner ] were disenfranchised.\n<P/>\nThat 's the most honorable thing you can do right now. We could then Go back into court assisted Mediation and sort out this problem.\n<P/>\nIf you can not obtain the requested information of the XXXX  as the Lender, please consider this complaint a part of the legal requirement for you to provide the following information : 1 ) The Physical Address details of the Contact within XXXX.\n2 ) Account number of our Account at XXXX XXXX, 3 ) Location of the account and which officer looks after the account.\n4 ) Who our contact is at XXXX XXXX Name, Department and Location 5 ) What is the XXXX Agents Contact details, Telephone, Fax and Email With these Details we should solve the situation rapidly. Instead of heading back to court for Wrongful foreclosure, which we promise we will file in any attempt to proceed with the continuing foreclosure.\n<P/>\n* The Notice of Intent to foreclose gives the homeowner the right to communicate and resolve any issue, thus we have an issue with Ocwen, its legal Representation and the Bank itself. You are already in receipt of the original letter sent to all parties, if you ignored or lost that letter we recommend investigating your attorney as they received a copy as well.\n<P/><P/>\nWe actively communicated with the Lender via the information provided and no response was forthcoming. We reached out to you to provide a go between to the Lender and for them to communicate with us in due course, as a courtesy we would gladly give you an additional 31 days to communicate with XXXX XXXX to obtain a certified letter/ response. We request a certified response from XXXX XXXX within 45 Days from Receipt of this certified communication. ( XX/XX/XXXX ).\n<P/>\nEveryone knows how Loan Securities work now, its no secret and the Bank is n't at a loss in CASH, So as trustee XXXX also has the ability to decided and tell you [ Ocwen ] what you can do, as they hold the power to adjust the rates, costs, prices and values. They also have the ability to forgive any past debts especially in actions like this.\n<P/>\nWe are not looking for a free house we are looking for a mortgage that is true to the real value, not the exuberant and vastly increased total of nearly Half a Million US Dollars. caused by your negligence and activity, which started by not accepting a single late payment of less than {$200.00} COMPLAINT SIX ( 6 ) Miscellaneous and Erroneous fees, Service Fees and Interest It has come to our attention that you are charging fees on a regular and ad hoc basis, where as you are charging for services such-as maintenance. Yet the house is occupied and in use, so there is no way you or a 3rd party can be actively doing maintenance on the property, as there has been a person located at the property for the last 28 years and no outside entity has conducted such maintenance to occur.\n<P/>\nIn particular in the recent invoice a {$510.00} Dollar Charge consisting of XXXX Maintenance charge, there has been no activity that permits such charges.\n<P/>\nWe would like for you to examine and provide proof that shows every single debit charge\nthat has a 3rd Party attached on the account and that those charges have truly been completed, transferred and actually obtained for the reason of the charges between the dates of inception of this Mortgage. <P/> If you can not provide the Evidence that all 3rd Party / Extended charges have been completed as required, then We claim that some of those charges are misleading and abusive in nature. <P/><P/><P/> COMPLAINT Seven ( 7\n) XXXX Foreclosure Moratorium During the course of the court action XXXX XXXX promised to conduct a moratorium of all foreclosures that the bank had interest in. This was published in the Filling of their SEC Report in XX/XX/XXXX.\n<P/>\nMore Information can be found in the many pages online at the following URL : Search : XXXX XXXX XXXX XXXX XXXX XXXX The Issue is during this time you continued to proceed with the foreclosure and legal activity. Thus we would like to know if XXXX XXXX had any interest in our Home and the case at bar, and why you did not proceed with following their wishes which were made public?\n<P/>\nDid Ocwen look the other way about this situation? Did your attorney not follow XXXX wishes? If you claim that the moratorium did not qualify for our loan you then clearly admit that XXXX has no Interest in this mortgage ; thus Not the Lender? Is this what you are saying? Thus you are conducting a wrongful Foreclosure.\n<P/>\nComplaint Eight ( 8 ) Abusive Photographers and Trespassing There have been a few close calls with our family and the photographers you use to take monthly images and examinations. one occurrence 2 years ago, my Grandson was playing outside under the trees when we noticed someone stopped out front taking pictures, as you may be aware it is illegal to take photos of minors without permission anywhere, you have to obtain parental consent which we do not.\n<P/>\nOn approach he gets into his car ( silver ) and then approaches the driveway ( Trespassing Occurred at this point ), he became agitated and abusive, swearing for us to get out of the way, and that he was acting for OCWEN. I went inside to get my daughters phone to attempt to video him, he said Oh what you going to put that up on XXXX XXXX are you? and drove off at speed.\n<P/>\nThe other time my daughter had approached the vehicle that was parked in our driveway blocking her exit, and we said we do not give you permission to enter the grounds and that they were trespassing, and once again the communication was profoundly expletive.\n<P/>\nAs such we decided to put up cameras this year to make sure if it happens again and we catch them, we will call the authorities. We consider this harassment, and also attempting to photograph minors without consent is criminal, which you are paying for.\n<P/>\nIn a separate incident more recently at least 2 members of the public have attempted to examine the house driving up the driveway and attempting to look around. Please note if further activities continue, we will consider you accepting these occurrences as acceptable ; thus by virtue allowing and supporting further harassment.\n<P/><P/>\nCLOSING Comments Whilst this complaint is under investigation and the time given to respond you are requested to post a moratorium of this foreclosure sale. We request you to delay activity with any sheriff sale until further notice. If you do not delay the current foreclosure sale and n\notify the homeowner byXX/XX/XXXX, we will prepare to file legal paperwork for Wrongful Foreclosure and we will also file Criminal Charges with the local and state Police Departments ( Fraud Division ). <P/>\nFailure to respond to all complaints set here in, or ignoring this communication in full or in part and Failure to respond to all requirements as protected under all such applicable laws including contractual law shall be a breach of contract.\n<P/><P/>\nDates : [ ] You [ Ocwen ] hereby agree to forfeit all claims and contracts If no Action and Reply is forthcoming Certified by USPS ByXX/XX/XXXXthis will automatically be enacted on XX/XX/XXXX. <P/><P/><P/> [ ] This communication / Complaint is being mailed on XX/XX/XXXX - Overnight. <P/><P/> [ ] Ocwen ( You ) shall receive it on the Afternoon of XX/XX/XXXX [ ] You have up to XX/XX/XXXX to stop any foreclosure activity If you require additional time to conduct your investigation You may be\ngranted additional time for both internal and external investigations only on receipt of a USPS Certified Letter of your activity postmarked Prior to XXXXXX/XX/XXXX.\n<P/><P/>\n[ ] If no action is taken by Ocwen and/or XXXX By XX/XX/XXXX, The Homeowner Rescinds the mortgage and claim you have purposely removed yourselves from the contract, you will have no right to continue a foreclosure proceeding beyond this date.\n<P/><P/>\n[ ] If you agree to investigate and delay the Foreclosure sale you have up toXX/XX/XXXX for Ocwen to Fully Respond to these Complaints in writing. Please note phone calls or emails are not permitted. Only USPS Certified mail will be accepted.\n<P/><P/>\n[ ] If you need Further time you must also contact the Homeowner ( SEVEN ) 7 Days before the Date of any future foreclosure sale, you have the ability to change the date as many times as you so wish to provide the best possible information and proper investigation.\n<P/><P/>\n[ ] Once you have conducted a thorough investigation and the homeowner has received communication from XXXX we will consider this an acceptable outcome. Once we have had the chance to speak to a representative at XXXX XXXX as the said Lender, then we can formally file the Complaint with the Lender and not the Servicer applicable by federal law, we shall then request to hold Mediation in XXXX  New Jersey [ ] We Also Require by XX/XX/XXXX - that you have sent a copy of this complaint to XXXX XXXX and show proof by CCing the Communication to the Homeowner of what you Send { OCWEN }. And wait for a Full reply from XXXX XXXX, if you receive a reply that you shall send the Unedited copy stamped when you received this communication from XXXX to the Homeowner Continued ..\n<P/><P/><P/><P/>\nNOTES and other comments.\n<P/>\nNote : This Communication has also been sent via USPS Certified mailing to the original sender, sealed and secured as Evidence in any further dispute.\n<P/><P/>\nNote : We are willing to go to the press and media, we have already been contacted by a few who are interested and wish to run a story. However we have held off until you attempt to foreclose without fixing all issues at hand.\n<P/><P/>\nNote : You are publicizing that you are conducting a Summer\nof Help and Hope, please show us that you mean it by acting in good faith and do as your slogan says Helping Homeowners is what you do. <P/><P/> Note : Furthermore Oc\nwen announced it would sell its mortgage servicing rights to XXXX XXXX XXXX XXXX, a wholly owned subsidiary of XXXX. The sale, which includes {$110.00} billion in unpaid principal balance, we would like clarification with a ) did you [ ocwen ] as a part of that sale included any of the interest in this loan and b ) if you did include the sale of rights to this loan, then when did this occur? To continue to act as the servicer you must provide details that this account is still under the contract with Ocwen Loan Servicing and not another party.\n<P/><P/>\nATTACHED DOCUMENT : THE ORIGIONAL mailing of complaints active","date_sent_to_company":"2017-07-12T16:12:43.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"08037","tags":null,"has_narrative":true,"complaint_id":"2567168","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2017-07-07T03:05:54.000Z","state":"NJ","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["This could take <em>years</em> and an additional half a million in costs. This would be a grand total of about 1 Million in losses. As a stock <em>holder</em> I would love to see how fellow stock <em>holders</em> would view this. I would be willing to write and publish an open letter to all stock <em>holders</em> claiming you would rather spend XXXX Million Dollars fighting for a XXXX thousand property.\n<P/>\nNOTE : This would be public knowledge and of public record."]},"sort":[6.528954,"2567168"]},{"_index":"complaint-public-v1","_id":"8861759","_score":5.2908783,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[5.2908783,"8861759"]},{"_index":"complaint-public-v1","_id":"8987271","_score":4.348504,"_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":["XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts <em>before</em> XXXX XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract <em>before</em>, 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."]},"sort":[4.348504,"8987271"]},{"_index":"complaint-public-v1","_id":"8984522","_score":4.348504,"_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":["XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts <em>before</em> XXXX XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract <em>before</em>, 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."]},"sort":[4.348504,"8984522"]},{"_index":"complaint-public-v1","_id":"8738326","_score":4.348504,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.348504,"8738326"]},{"_index":"complaint-public-v1","_id":"8610485","_score":4.348504,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.348504,"8610485"]},{"_index":"complaint-public-v1","_id":"8759762","_score":4.348452,"_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":["I want compensation because they violated me for <em>years</em>. They have reported monthly for 7 <em>years</em>. {$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."]},"sort":[4.348452,"8759762"]},{"_index":"complaint-public-v1","_id":"8759365","_score":4.348452,"_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":["I want compensation because they violated me for <em>years</em>. They have reported monthly for 7 <em>years</em>. {$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."]},"sort":[4.348452,"8759365"]},{"_index":"complaint-public-v1","_id":"8759313","_score":4.3430367,"_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":["I want compensation because they violated me for <em>years</em>. They have reported monthly for 7 <em>years</em>. {$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."]},"sort":[4.3430367,"8759313"]},{"_index":"complaint-public-v1","_id":"8614973","_score":4.3427258,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.3427258,"8614973"]},{"_index":"complaint-public-v1","_id":"8613851","_score":4.3427258,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.3427258,"8613851"]},{"_index":"complaint-public-v1","_id":"8610958","_score":4.3427258,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.3427258,"8610958"]},{"_index":"complaint-public-v1","_id":"8610426","_score":4.3427258,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.3427258,"8610426"]},{"_index":"complaint-public-v1","_id":"8613850","_score":4.341481,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.341481,"8613850"]},{"_index":"complaint-public-v1","_id":"8610500","_score":4.341481,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.341481,"8610500"]},{"_index":"complaint-public-v1","_id":"8984532","_score":4.3354874,"_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":["XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts <em>before</em> XXXX XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract <em>before</em>, 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."]},"sort":[4.3354874,"8984532"]},{"_index":"complaint-public-v1","_id":"8738371","_score":4.3354874,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.3354874,"8738371"]},{"_index":"complaint-public-v1","_id":"8738327","_score":4.3354874,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.3354874,"8738327"]},{"_index":"complaint-public-v1","_id":"8625996","_score":4.3354874,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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."]},"sort":[4.3354874,"8625996"]},{"_index":"complaint-public-v1","_id":"8610973","_score":4.3354874,"_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":["Material Nonpublic Information, also known as <em>insider</em> 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 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