{"took":237,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":11,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"1854817","_score":19.892786,"_source":{"product":"Credit card","complaint_what_happened":"This is my followup complaint for my initial complaint I am again stuck in the same problem i.e. I ca n't able to buy gift cards from Paypal 1. We all know that security problem is resolved based on the Paypal response ( can be able to purchase on XXXX XXXX XXXX ) so now what? \n2. I did n't make any profile change nor accessed from different location so now what? \n3. Now we all know there is increase in activity which means after my purchase on XXXX XXXX XXXX a decent expectation has been set for increased activity. \nCan PayPal able to prove that it is not really blocking people selectively from buying gift cards beyond reasonable doubt. \n\nCheers Thiru Response On XXXX XXXX, XXXX, you created a PayPal account ( \" PayPal Account '' ), at which time you agreed to PayPal 's user agreement ( \" PayPal User Agreement '' ). \n\nFrom XXXX XXXX, XXXX to XXXX XXXX, XXXX, you attempted to send various payments to PayPal XXXX XXXX for the purchase of gift cards ; however, these payment attempts were declined through the PayPal system. Our internal security model prevented these payments from being completed as intended. While we recognize this can be a frustrating experience for you, this security system helps uphold the safety and integrity of the PayPal community. \n\nOur internal security system takes into account several factors to assess potential risk associated with a transaction. I 'd like to assure you that your security is our top priority. Therefore, we must take measures to help keep PayPal XXXX of the safest online payment methods. The following risk factors were identified, but are not limited to : Increase in Activity - You recently began sending multiple gift card funded payments for the purchase of gift cards through eBay and PayPal XXXX XXXX. \nProfile Changes - You recently made changes to your Account profile including adding gift addresses and accessing your Account through a new mobile device. \n\nThis activity can be suspect of unauthorized account access within our system. As such, in an effort to manage risk, we made the decision to limit the ability to make payments. PayPal 's actions in preventing your transfer of funds was done in an effort to help protect your Account from unauthorized access. \n\nAs outlined in our User Agreement at Section XXXX, \" In order to manage risk, PayPal may limit the Payment Methods available for a transaction. In addition, Payment Methods may be limited if you make a PayPal payment through certain third party websites or applications. '' On XXXX XXXX, XXXX, you contacted PayPal Customer Service in relation to your denied payment attempts. The PayPal representatives attempted to assist you with completing your payments ; however, our internal security model prevented your payments from being completed. During the course of your phone call, a PayPal representative advised you that, due to the number of failed payment attempts, you may not be able to complete your payment as intended. Though this information is correct, we apologize for the lack of professionalism you experienced during that contact. We have used this opportunity to conduct additional training and coaching to prevent this from happening in the future. \n\nFurther review of your Account shows that on XXXX XXXX, XXXX and XXXX XXXX, XXXX, you were able to successfully complete purchases to PayPal XXXX XXXX for the purchase of gift cards.","date_sent_to_company":"2016-03-30T19:46:46.000Z","issue":"Advertising and marketing","sub_product":null,"zip_code":"95014","tags":null,"has_narrative":true,"complaint_id":"1854817","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Paypal Holdings, Inc","date_received":"2016-03-29T23:11:57.000Z","state":"CA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["While we recognize this can be a frustrating experience for you, this <em>security</em> system helps uphold the safety and integrity of the PayPal community. \n\nOur internal <em>security</em> system <em>takes</em> into <em>account</em> several <em>factors</em> to assess potential risk associated with a transaction. I 'd like to assure you that your <em>security</em> is our top priority. Therefore, we must <em>take</em> measures to help keep PayPal XXXX of the safest online payment methods."]},"sort":[19.892786,"1854817"]},{"_index":"complaint-public-v1","_id":"21408358","_score":16.978573,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"This is a supplemental complaint to complaint number XXXX. \nPayPal/XX/XX/XXXX has provided contradictory response to XXXX different regulators. To the CFPB, they admitted a system fault. To theXX/XX/XXXX Department XXXX XXXX XXXX, they claimed the system operated appropriately. I request that the CFPB investigate this inconsistency, as it suggests either a failure of internal review for a potential misrepresentation to XXXX of the agencies. \nThe response to CFPB and my feedback is provided within the complaint numbered above. \nThe response to the XX/XX/XXXXDepartment XXXX XXXX XXXX is as follows : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TN XXXXXX/XX/XXXXXX/XX/XXXXDepartment XX/XX/XXXX Complaint XX/XX/XXXX XXXX Dear XXXX XXXX, I am writing on behalf of PayPal Inc. in response to your complaint to the XX/XX/XXXX Department XXXX XXXX XXXX regarding PayPal 'sXX/XX/XXXXproduct. I understand being unable to add funds to your account would be frustrating. Please see below for further details on the complaint and our response. \n\nYour complaint stated you attempted multiple times to add funds to your XX/XX/XXXXaccount, though your attempts were declined by XX/XX/XXXX. You requested for XX/XX/XXXX to allow you to add funds to your XX/XX/XXXX account. \n\nResponse XXXX XX/XX/XXXX, you created a XX/XX/XXXX account at which time you agreed toXX/XX/XXXX User Agreement. \n\nOn XX/XX/XXXX and XXXX, XXXX, you attempted several times to transfer {$350.00} from your linked XXXX Bank account to your XX/XX/XXXX account. However, your attempts were declined byXX/XX/XXXX internal security model. It is important to note that the Holds and Limitations section of the User Agreement advises that under certain circumstances, in order to protectXX/XX/XXXX and the security and integrity of the network that uses theXX/XX/XXXX services, XX/XX/XXXX may, in its sole discretion, take account-level or transaction-level actions. \n\nOur internal security system takes into account multiple factors to assess potential risk associated with a transaction. In this case, the risk factors identified by our internal security system included but were not limited to : You were accessing yourXX/XX/XXXX account from a device that was inconsistent with your historic Account access. \nYou were accessing your account from a location that is geographically inconsistent with your registered address and your historic account access The transfer attempts were for amounts higher than previous transfers you had made. \nWhen viewed together, this type of activity can be indicative of unauthorized account access and carries a higher-than-average risk of fraud-related reversals. While we recognize this can be a frustrating experience, this system helps uphold the safety and integrity of theXX/XX/XXXX community and is intended functionality. \nOn XX/XX/XXXX, you successfully initiated a transfer in the amount of {$5.00} from your bank account to your XX/XX/XXXX account. \n\nUpon receipt of your complaint, we conducted an additional review and confirmed noXX/XX/XXXXerrors occurred when declining your transfer attempts due to the aforementioned risk factors. While I am glad I could provide clarity on these particular declines, the Holds and Limitations section of the User Agreement advises that our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of XX/XX/XXXX, our customers and/or service providers and that ultimately, we have no obligation to disclose the details of our risk management or security procedures to you. \n\nWhileXX/XX/XXXX Support may be able to assist with some declined transactions, this may not always be possible depending on the reason for the decline. Additionally, please note that the security measures mentioned above can not be permanently deactivated. Therefore, you may continue to experience declined payments or other account actions. \n\nExplanation of ClosureXX/XX/XXXX actions in this matter were taken in good faith and in accordance with the User Agreement and online Help Center articles when declining your transfer attempts. As stated in more detail above, we confirmed that you successfully transferred funds from your bank account to XX/XX/XXXX on XX/XX/XXXX, though you may continue to experience declined payments or other account actions. \n\nWe offer our sincerest apologies for any difficulties you may have encountered while using our services. Please feel free to contact PayPal 's XXXX XXXX XXXX XXXX XXXX XXXX XXXX at XXXX if you have any questions or concerns or if we can be of further assistance. \n\nRespectfully, XXXX XXXX. \nXXXX XXXX XXXX XXXX XXXX PayPal , Inc . \n\n\nMy Response : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PayPal, Inc XXXX XXXX XXXX XXXX, XXXX XXXX, CA XXXX Email via XXXX Dear Executive Office Personnel : Voided the avenue of submitting a reply to PayPals response to the XX/XX/XXXXXXXXXX/XX/XXXX Complaint Number XXXX for a clearer assessment, Complainant XXXX XXXX is submitting this correspondence to dismiss PayPals XX/XX/XXXX response to said complaint. \nWithin PayPals response it is stated : The internal security system takes into account multiple factors to assess potential risk associated with a transaction. In this case, the risk factors identified by our internal security system included but were not limited to : You were accessing yourXX/XX/XXXX account from a device that was inconsistent with your historic Account access. \nYou were accessing your account from a location that is geographically inconsistent with your registered address and your historic account access. \nThe transfer attempts were for amounts higher than previous transfers you had made. \nWe conducted an additional review and confirmed no XX/XX/XXXXerrors occurred when declining your transfer attempts due to the aforementioned risk factors. \nMy Response : After several attempts to add funds to my account on XX/XX/XXXX and chatting with XXXX agents, I engaged in trouble shooting ; I checked my bank account ; I used another device and again linked my bank account to myXX/XX/XXXX account via XXXX. \nMy geographical location remained the same as it had been for other successful add fund transactions completed such as the XX/XX/XXXX transaction of {$180.00} from the same device and same geographical location in which denials occurred on XX/XX/XXXX, XXXX and XX/XX/XXXX. \nOn Sunday, XX/XX/XXXX, I received an e-mail from XX/XX/XXXX ( support request XX/XX/9723XXXX ) which she stated We were able to make temporary adjustments in our system so that you can add your funds from the bank account. Please attempt to now add funds from your linked bank account On Monday, XX/XX/XXXX,XX/XX/XXXX., wrote Please attempt to add your funds now, we have made appropriate changes on account to help you add funds at this instant itself. \nTesting the situation, XX/XX/XXXX on XX/XX/XXXX, I initiated a {$5.00} bank transfer, which was successful. \nXX/XX/XXXX, on XX/XX/XXXX, I initiated an {$80.00} bank transfer using the same device, same location, with an amount less than the {$180.00} historical successful amount. XXXX message at XXXXXX/XX/XXXX, We couldnt add your money. \nThe risk factors PayPal stated succumbs to the actuality that transpired. Therefore, XXXX XXXX XXXX dismisses XXXX Response to theXX/XX/XXXX Complaint XXXX. \nSincerely, XXXX XXXX XXXX To the CFPB , PayPalXXXX said our system was at fault, to the XX/XX/XXXX Department XX/XX/XXXXXXXX , a different PayPal/XX/XX/XXXXrepresentative said the internal system operated appropriately. \nThat is a direct factual inconsistency from the same company.","date_sent_to_company":"2026-04-20T18:44:32.000Z","issue":"Problem adding money","sub_product":"Mobile or digital wallet","zip_code":"37214","tags":"Older American","has_narrative":true,"complaint_id":"21408358","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Paypal Holdings, Inc","date_received":"2026-04-20T17:56:39.000Z","state":"TN","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Within PayPals response it is stated : The internal <em>security</em> system <em>takes</em> into <em>account</em> <em>multiple</em> <em>factors</em> to assess potential risk associated with a transaction. In this case, the risk <em>factors</em> identified by our internal <em>security</em> system included but were not limited to : You were accessing yourXX/XX/XXXX <em>account</em> from a device that was inconsistent with your historic <em>Account</em> access."]},"sort":[16.978573,"21408358"]},{"_index":"complaint-public-v1","_id":"7906345","_score":15.00602,"_source":{"product":"Credit card","complaint_what_happened":"I submitted an application that was denied. I caIled customer service, after the call getting \" disconnected '' numerous times when told they were in violation of the law, I was able to get a customer service rep who informed that someone would contact me. requested a specific reason for the denial. The response was because my credit was frozen. That was not true. I explained that it was not frozen and asked for specific reasons. I was never given a specific reason. I was told about factors and algorithms, but never a specific reason. The company continues to close the case without a sufficient resolution. \n\nBelow is all written correspondence with the company representatives with my name removed. \n\nHello *Name Thank you for contacting Affirm! \n\n\n\nMy name is XXXX, from the Customer Care Affirm Department and I will be more than glad to assist you with your concern. \n\n\n\nThank you for your patience as we looked into this matter. I was able to see that youre trying to make a purchase but are being declined. After reviewing your account, we can confirm that your credit is frozen or locked. \n\n\n\nIn order to successfully apply for a loan, youll have to temporarily lift the freeze or lock before we can process your application. Affirm works with the credit report agencies listed below. Make sure to lift your freeze or lock at all agencies where you have XXXX in place. You can do this online or via phone using the contact information below. \n\n\n\nXXXX : ( XXXX ) XXXX https : XXXX XXXX : ( XXXX ) XXXX XXXX XXXX XXXX When you lift your freeze or lock online or by phone, it usually takes effect quickly, sometimes within minutes. However, to be on the safe side, you should wait about an hour before you come back to Affirm and continue your application. When you lift your freeze or lock by mail, it can take up to a few days for the lift to take effect. \n\n\n\nNote that both agencies will provide the option to temporarily or permanently lift the freeze or lock. If you opt to lift it temporarily, you may need to go through this process again the next time you apply for an Affirm loan. \n\n\n\nWe apologize for any inconvenience this has caused. For any further questions, please let us know by responding to this message or please give us a call at XXXX. Our customer care agents are available 7 days a week from XXXX - XXXX XXXX. Or any further questions, please contact XXXX through the Affirm help center at affirm.com/help. \n\n\n\nKind regards, XXXX XXXX XXXX. \n\nDownload Affirm app YOU ( VIA THE HELP CENTER ) XXXX, XXXXXXXX XXXX Hello XXXX XXXX I spoke with representatives at XXXX and XXXX and both report that there is no security freeze on my file, temporary or permanent. So that was not the specific reason for the declination. Discrimination happened, and the Equal Credit Opportunity Act make discrimination in a credit transaction unlawful.\n\nECOA makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex or marital status, age ( provided the applicant has the capacity to contract ), because all or part of the applicants income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. I exercised my rights when I spoke with the Affirm representative last night. Take a listen to the multiple recorded phone calls. Once I started to exercise my rights in good faith, the phone calls were disconnected numerous times in an attempt to deny my rights as a consumer.\n\nThis Act ( Title VII of the Consumer Credit Protection Act ) prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, age, receipt of public assistance, or good faith exercise of any rights under the Consumer Credit Protection Act. The Act also requires creditors to provide applicants, upon request, with the reasons underlying decisions to deny credit.\n\nIn addition, ECOA provides that a creditor must provide a statement of specific reasons in writing to applicants against whom adverse action is taken. No specific reason was given, only a list of factors, which is different from a principal reason. Adverse action [ s ] include denying an application for credit, terminating an existing credit account, making unfavorable changes to the terms of an existing account, and refusing to increase a credit limit.\n\nPursuant to Regulation B, a statement of reasons for adverse action taken must be specific and indicate the principal reason ( s ) for the adverse action.> Regulation B explains that [ s ] tatements that the adverse action was based on the creditors internal standards or policies or that the applicant, joint applicant, or similar party failed to achieve a qualifying score on the creditors credit scoring system are insufficient. The Official Interpretations to Regulation B explain that [ t ] he specific reasons disclosed... must relate to and accurately describe the factors actually considered or scored by a creditor. Moreover, [ i ] f the reasons listed on the forms are not the factors actually used, a creditor will not satisfy the notice requirement by simply checking the closest identifiable factor listed. With respect to adverse actions based on a credit scoring system specifically, the Official Interpretations explain that the reasons disclosed must relate only to those factors actually scored in the system. Moreover, no factor that was a principal reason for adverse action may be excluded from disclosure. The creditor must disclose the actual reasons for denial ( for example, age of automobile ) even if the relationship of that factor to predicting creditworthiness may not be clear to the applicant.\n\nI study consumer law and I am aware how borrowing, lending, banking, performance, securitization, and contracts work. Once I gave my Social Security Number and gave value to the credit application security, I should have been granted credit in the amount requested as a U.S. Citizen backed by the full faith and credit of the united states. This was more than sufficient to cover amount of the consumer credit transaction, which was the purchase price of the transaction {$660.00} on the XXXX website.\n\nGrant the credit in an amount at or above the amount requested or retract my application security instrument and return the tender of the funds you received, to me. \nThank you for your time and attention. \n\nBy : *Name YOU ( VIA THE HELP CENTER ) XXXX, XXXX AM How is this case \" Closed ''? I have not received a response since informing XXXX that there are no security freezes at the listed credit reporting companies. \nXXXX AT AFFIRMXXXX, XXXX AM Hi *Name, My name is XXXX and I'm a supervisor on the Customer Care team with Affirm XXXX I understand you are seeking clarification regarding your recent loan declination. I'm happy to provide additional insight. \n\n\n\nWhen reviewing your application Affirm considers several factors on your credit report including things like recently opened and closed tradelines, your repayment history, your credit limit and usage rate as well as your inquiry history. I see your recent declinations between XX/XX/XXXX and XX/XX/XXXX were declined because your reported XXXX score is below our minimum requirement. The last time you were declined a loan with Affirm due to a security freeze was on XX/XX/XXXX. As a reminder, these denials do not mean you will never be approved for a loan with Affirm in the future. I can see from your account you have been approved for loans with Affirm in the past and are still able to apply for loans with us in the future. \n\n\n\nAdditionally, please understand that Affirm does not discriminate against any prohibited factors, such as race, color, religion, marital status, national origin, age, gender or sex play a part in Affirm 's automated algorithm that determines the creditworthiness of our applicants.\n\nIf you have any additional questions or concerns, please contact us through the Affirm Help Center at XXXX XXXX XXXX or call us at XXXX between the hours of XXXX am and XXXX pm XXXX  XXXX days a week. \n\n\n\nThanks, XXXX XXXX. \n\nDownload Affirm app YOU ( VIA THE HELP CENTER ) XXXX, XXXX PM As I stated prior, I study consumer law and I am aware how borrowing, lending, banking, performance, securitization, and contracts work. Once I gave my Social Security Number and gave value to the credit application security, I should have been granted credit in the amount requested as a XXXX Citizen backed by the full faith and credit of the United States. This was more than sufficient to cover amount of the consumer credit transaction, which was the purchase price of the transaction {$660.00} on the XXXX website. \nMy multiple applications were turned into securities once I performed by offering my Social Security XXXXmber and a digital signature. Therefore either retract the multiple applications as instruments which were securitized and turned into legal tender at the time of the application and received by Affirm ; then tender payment to me for all interest, credits, and deposits received. Or grant the credit on an Affirm card in the amount of the transaction for each application instrument and return the tender of the funds you received, to the Principal from whom banks actually derive loan funds from. \n\nThank you for your time and attention. \nBy : *Name YOU ( VIA THE HELP CENTER ) XXXX, XXXXXXXX XXXX Hello XXXX XXXX, I read your reply. \n\nIn it you state, \" I see your recent declinations between XX/XX/XXXX and XX/XX/XXXX were declined because your reported XXXX score is below our minimum requirement. '' That answer in insufficient and not a lawful reason. Once again Affirm is discriminating. \n\nAs I listed in previous communication, Regulation B explains that [ s ] tatements that the adverse action was based on the creditors internal standards or policies or that the applicant, joint applicant, or similar party failed to achieve a qualifying score on the creditors credit scoring system are insufficient.\n\nSo that answer about a score is insufficient.\n\nAlso, you stated, \" Additionally, please understand that Affirm does not discriminate against any prohibited factors, such as race, color, religion, marital status, national origin, age, gender or sex play a part in Affirm 's automated algorithm that determines the creditworthiness of our applicants. '' An automated algorithm is not sufficient as well.\n\nAlso in the law, \" Creditors who use complex algorithms, including artificial intelligence or machine learning, in any aspect of their credit decisions must still provide a notice that discloses the specific principal reasons for taking an adverse action. Whether a creditor is using a sophisticated machine learning algorithm or more conventional methods to evaluate an application, the legal requirement is the same : Creditors must be able to provide applicants against whom adverse action is taken with an accurate statement of reasons.15 The statement of reasons must be specific and indicate the principal reason ( s ) for the adverse action.16 A creditor can not justify noncompliance with ECOA and Regulation Bs requirements based on the mere fact that the technology it employs to evaluate applications is too complicated or opaque to understand. A creditors lack of understanding of its own methods is therefore not a cognizable defense against liability for violating ECOA and Regulation Bs requirements.\n\nSo yet and still, no specific and accurate reason given has been sufficient enough to justify the adverse action as anything but discrimination. Which is unlawful and a violation of the ECOA.\n\nYes. ECOA and Regulation B require creditors to provide statements of specific reasons to applicants against whom adverse action is taken. Some creditors may make credit decisions based on certain complex algorithms, sometimes referred to as uninterpretable or black-box models, that make it difficultif not impossibleto accurately identify the specific reasons for denying credit or taking other adverse actions.1 The adverse action notice requirements of ECOA and Regulation B, however, apply equally to all credit decisions, regardless of the technology used to make them. Thus, ECOA and Regulation B do not permit creditors to use complex algorithms when doing so means they can not provide the specific and accurate reasons for adverse actions.\n\nECOA makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex or marital status, age ( provided the applicant has the capacity to contract ), because all or part of the applicants income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.2 In addition, ECOA provides that a creditor must provide a statement of specific reasons in writing to applicants against whom adverse action is taken.3 Adverse action [ s ] include denying an application for credit, terminating an existing credit account, making unfavorable changes to the terms of an existing account, and refusing to increase a credit limit.4 Pursuant to Regulation B, a statement of reasons for adverse action taken must be specific and indicate the principal reason ( s ) for the adverse action.>5 Regulation B explains that [ s ] tatements that the adverse action was based on the creditors internal standards or policies or that the applicant, joint applicant, or similar party failed to achieve a qualifying score on the creditors credit scoring system are insufficient.6 The Official Interpretations to Regulation B explain that [ t ] he specific reasons disclosed... must relate to and accurately describe the factors actually considered or scored by a creditor.7 Moreover, while Appendix C of Regulation B includes sample forms intended for use in notifying an applicant that adverse action has been taken, [ i ] f the reasons listed on the forms are not the factors actually used, a creditor will not satisfy the notice requirement by simply checking the closest identifiable factor listed.8 With respect to adverse actions based on a credit scoring system specifically, the Official Interpretations explain that the reasons disclosed must relate only to those factors actually scored in the system. Moreover, no factor that was a principal reason for adverse action may be excluded from disclosure. The creditor must disclose the actual reasons for denial ( for example, age of automobile ) even if the relationship of that factor to predicting creditworthiness may not be clear to the applicant.9 ECOAs notice requirements were designed to fulfill the twin goals of consumer protection and education.10 In terms of consumer protection, the notice requirement is intended to prevent discrimination ex ante because if creditors know they must explain their decisions... they [ will ] effectively be discouraged from discriminatory practices.11 The notice requirement fulfills a broader need as well by educating consumers about the reasons for the creditors action.12 As a result of being informed of the specific reasons for the adverse action, consumers can take steps to try to improve their credit status or, in cases where the creditor may have acted on misinformation or inadequate information [, ]... to rectify the mistake.13 In addition, Congress also believed ECOAs notice requirement would have a beneficial competitive effect on the credit marketplace.14 Creditors who use complex algorithms, including artificial intelligence or machine learning, in any aspect of their credit decisions must still provide a notice that discloses the specific principal reasons for taking an adverse action. Whether a creditor is using a sophisticated machine learning algorithm or more conventional methods to evaluate an application, the legal requirement is the same : Creditors must be able to provide applicants against whom adverse action is taken with an accurate statement of reasons.15 The statement of reasons must be specific and indicate the principal reason ( s ) for the adverse action.16 A creditor can not justify noncompliance with ECOA and Regulation Bs requirements based on the mere fact that the technology it employs to evaluate applications is too complicated or opaque to understand. A creditors lack of understanding of its own methods is therefore not a cognizable defense against liability for violating ECOA and Regulation Bs requirements.\n\nSo stop discriminating against the Principal and grant the amount of credit on each application instrument that was securitized and turned into tender for payment. Once you were given a Social Security Number and a digital signature performance and tender were completed.\n\nOr you can retract each one of those application instruments and tender payment to the Principal for all interest, credits, deposits, payment, or legal tender Affirmed received and tender all interest, credits, deposits, payment, or legal tender and mail to the Principal.\n\nAs I stated prior, I study consumer law and I am aware how borrowing, lending, banking, performance, securitization, and contracts work. I know that credit is not created until performance a of a security instrument such as an application. Banks can't lend from there own deposits so immediately upon submission of the application, a credit and deposit ledger entry is created.\n\nUnder the Consumer Protection Act I am exercising my rights in good faith as a Consumer and U.S. Citizen backed by the full faith and credit of the United States. You would not deny an application security instrument submitted by the United States, don't deny my multiple applications, that are backed by the United States.\n\nStop discriminating and add an Affirm card to the account in the amount of all the values of each application instruments performance. \n\nBy : *Name YOU ( VIA THE HELP CENTER ) XXXX, XXXX AM Once again I see that Case ID Number : XXXX was closed without a resolution. A resolution can not happen until an agreement or understanding is reached. I have yet to receive a sufficient answer to my complaint. I also demonstrated the insufficiencies or inaccuracies of some of the answers communicated from the customer service representative and supervisor. \n\nPlease inform me of what Affirm or it's agents, or representatives plan on doing to resolve my complaint. At that point I will let it be known if I find the proposed resolution sufficient and agreeable. Otherwise case ID number : XXXX should remain open and not closed arbitrarily by Affirm or it's agents or representatives. \nYOU ( VIA THE HELP CENTER ) XXXX, XXXXXXXX XXXX Its XX/XX/XXXX and I see the cased is showing closed, but without a sufficient lawful answer or or explanation of what the resolution is. \n\nOnce again I see that Case ID Number : XXXX was closed without a resolution. A resolution can not happen until an agreement or understanding is reached. I have yet to receive a sufficient answer to my complaint. I also demonstrated the insufficiencies or inaccuracies of some of the answers communicated from the customer service representative and supervisor. \n\nPlease inform me of what Affirm or it's agents, or representatives plan on doing to resolve my complaint. At that point I will let it be known if I find the proposed resolution sufficient and agreeable. Otherwise case ID number : XXXX should remain open and not closed arbitrarily by Affirm or it's agents or representatives. Please have a Supervisor, underwriter, legal department, trustee, or manager contact me to provide a resolution.","date_sent_to_company":"2023-11-27T03:31:21.000Z","issue":"Getting a credit card","sub_product":"General-purpose credit card or charge card","zip_code":"60634","tags":null,"has_narrative":true,"complaint_id":"7906345","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Affirm Holdings, Inc","date_received":"2023-11-27T02:42:45.000Z","state":"IL","company_public_response":null,"sub_issue":"Application denied"},"highlight":{"complaint_what_happened":["My <em>multiple</em> applications were turned into <em>securities</em> once I performed by offering my Social <em>Security</em> XXXXmber and a digital signature. Therefore either retract the <em>multiple</em> applications as instruments which were securitized and turned into legal tender at the time of the application and received by Affirm ; then tender payment to me for all interest, credits, and deposits received."]},"sort":[15.00602,"7906345"]},{"_index":"complaint-public-v1","_id":"4099846","_score":11.799382,"_source":{"product":"Checking or savings account","complaint_what_happened":"This is the response to the companies response for case # XXXX with my responses in parenthesis. ( No way to highlight or color on this site ) Company 's Response On XX/XX/XXXX, you created a PayPal account ( Account ) at which time you agreed to PayPals user agreement ( User Agreement ). ( Anything to do with my complaint of not being able to contact you to fix the problems I am having? If I have not participated with any of these agreements please spell them out. If you are trying to say you can do whatever you want as far as not giving me proper access to my funds I doubt you will be able to do that. You may be asking for some real trouble with that one. Which is where this is heading if you do not start helping me fix these issues and get access to my funds other than buying things using paypal or my paypal debit card. ) On XX/XX/XXXX, you provided your XXXX XXXX  savings account ( Savings Account ) to PayPal to use as a funding source and for withdrawals ; that same date, PayPal sent two small deposits to your Savings Account to complete the confirmation process. On XX/XX/XXXX, you provided your XXXX XXXX  checking account ( Checking Account ) to PayPal to use as a funding source and for withdrawals. ( I need a compete transaction listing so I can research this. ) It is important to note that the deposits sent to your Savings Account were never verified with PayPal ; consequently, we could not confirm ownership of your Savings Account. You will not be able to use your Savings Account with your Account as a funding source until you complete this process. ( I already stated what the problem was with that and why I couldnt complete it. It is you webpage problem. Why did you ignore that part? Quit trying to act like I am the problem with any of this. ) On XX/XX/XXXX, you removed your Checking Account from your Account. On XX/XX/XXXX, you began attempting to re-add your Checking Account to your Account ; however, your attempts were declined by PayPals internal security model. While we recognize this can be a frustrating experience, this security system helps uphold the safety and integrity of the PayPal community and is intended functionality. Our internal security model takes into account multiple factors to assess potential risk associated with transactions or account changes. In this case, the risk factors considered include : Your Account was accessed from locations inconsistent with any address known ( by PayPal ) to be associated with you. ( Where are these locations you are claiming I am using for accessing, and what accounts exactly, from? I am at my same location every time I access or attempt to access any of my bank or paypal accounts. ) The only banks active on your Account were your unverified Savings Account and a prepaid bank account. ( You just stated that no accts were associated with my acct as the checking acct was removed. Now you talk of another acct. What is this prepaid bank account? I dont even know what a prepaid bank account is ) Your Account has a P.O. box listed as the primary address ; this prevents us from completing certain verification steps. ( what account? ) Between XX/XX/XXXX and XX/XX/XXXX, you contacted PayPal Customer Support via chat and requested that PayPal allow you to link your Checking Account to your Account. At this time, a Customer Support representative offered to complete a security verification step to link your Checking Account ; however, you did not respond, which caused the chat session to automatically close on XX/XX/XXXX. ( I am not to be the one that adjusts 100 % of my life for your chat system. I waited hours the first day and no one ever responded. I finally closed the page after about 12 hours and shut off my pc. The next day you sent me an email that you were responding and to go to the chat. I did and again there was no one there and went through the same kind of experience. The next day the same notification and I went there with no one available, but I did give some info on what they problem was. I waited and made my complaints to the cfpb over this as I cant keep playing these disgusting, disrespectful games with your chat. I have stated what is wrong and as far as I know they have not been fixed. When that ever is contact me on that issue. You go all over the place and never take care of my actual problem. I gave up on using the paypal system as it was completely unacceptable and nearly useless to me so I moved on to using an agency that you will likely respond to. If this kind of communication is used instead of proper communication I have a feeling someone will be stepping in and requiring proper customer service. Nearly every other company I deal with can supply proper phone service, the virus scam is no excuse for most of this. I dont even want to know how much money your company revenues are, I know it is pretty massive and certainly allows enough to run customer service. Open up a bubble center with workers that live there so they can provide service, stop using excuses. ) Upon receipt of your complaint, PayPal conducted a full review of your Account and confirmed that your Account activity had remained consistent before, during, and after your attempts to link your Checking Account. Therefore, on XX/XX/XXXX, PayPal added your Checking Account to your Account to be used as a funding source and for withdrawals. ( I never authorized this. I was attempting but never actually completed it so you have improperly added that account. ) It is important to note that effective XX/XX/XXXX, PayPal and XXXX became separate entities ; and PayPal is no longer owned by XXXX. In reference to your complaint regarding XXXX  requirement that you use PayPal to accept funds from XXXX sales, we recommend that you contact XXXX  Customer Service at XXXX. ( And you should tell XXXX  you do not want to do business with them as they are forcing us to use a service making you dislike. Do you want that? Dont just tell me what to do, I and multitudes of others have expressed our displeasure with the situation already and continue to. This kind of garbage is just another reason we do not like your company. ) Due to COVID-19 and limited staffing for safety precautions, you were unable to speak with a PayPal representative regarding your concerns. We apologize for this experience, but we can assure you that we are still committed to providing world class customer service. At this time, we can be reached via email or chat. We appreciate your understanding. \n\n( This paypal answer goes all over the place with things that have little to do with my problem and nothing helping me get access to CS like I need. A big waste of time, but I guess someone gets paid to use their time for this and add to wasting my time. This company still has not given me a way to contact them to fix these problems. Not one that is there when I am not there. What is the exact answer to that? I have stated my problems in their chat and never received a full answer to how to fix that. I want to know this system will work before I link any accounts as will also need to be able to remove them shortly after. How do I know if I link and acct that I will not have a problem delinking my acct? A company that will not help me access my funds should be trusted with accessing other funds of mine? I do not trust paypal. No pal of mine. I also need a compete transaction listing so I can research this. Since I can not contact them properly and am not going to keep trying and wasting time like I did before I need this to start with. I need a way to remove my money from paypal and I do not want to be adding any accounts other than the one that I specify and authorize. I do not want paypal having any other info about me or my accounts. I do not trust them at all. This lengthy response that may have inaccuracies is more proof of why I dont. They do not act normal at all. Spend all of this and my time instead of just offering proper CS. I need this fixed so I have a way to remove some of my funds from my account and do not want to do this back and forth. I have already spent way too much time working on this. Could have probably been done a long time ago. )","date_sent_to_company":"2021-01-28T05:47:07.000Z","issue":"Managing an account","sub_product":"Other banking product or service","zip_code":"970XX","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"4099846","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Paypal Holdings, Inc","date_received":"2021-01-28T05:38:39.000Z","state":"OR","company_public_response":null,"sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX, you began attempting to re-add your Checking <em>Account</em> to your <em>Account</em> ; however, your attempts were declined by PayPals internal <em>security</em> <em>model</em>. While we recognize this can be a frustrating experience, this <em>security</em> system helps uphold the safety and integrity of the PayPal community and is intended functionality. Our internal <em>security</em> <em>model</em> <em>takes</em> into <em>account</em> <em>multiple</em> <em>factors</em> to assess potential risk associated with transactions or <em>account</em> changes."],"product":["Checking or savings <em>account</em>"],"issue":["Managing an <em>account</em>"]},"sort":[11.799382,"4099846"]},{"_index":"complaint-public-v1","_id":"5545300","_score":11.027653,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"How Coinbase Global , Inc. XXXX XXXX XXXX Allowed Someone to Steal XXXX XXXX Worth of Investments from my XXXX XXXX On XXXX XXXXXX/XX/2022, my cell phone, email & Coinbase wallet were all hacked. \n\nAt around XXXX PM I turned on my cell phone and realized it wasnt working- I couldnt make any calls and wasnt receiving any messages. When I got in contact with XXXX XXXX ( using my XXXX phone ), they had advised someone earlier in the day asked to switch the XXXX from my XXXX XXXX XXXX to their XXXX XXXX. I asked the representative who had called in to do so- they wouldnt provide any details, besides for admitting that the call came from a number that was not affiliated with our plan. \n\nI was shocked to hear how XXXX XXXX allowed someone to hijack my XXXX & take control of my cell phone number, without having my physical phone, which was in my possession. \n\nI had advised theres no way for the individual to know my PIN # ( which they make ME confirm every time I call ), so how was this person able to do so? The representative said they dont necessarily need the pin ; they can provide an email as well. \n\nWhat kind of security measures do they have in place for these kinds of things? We see the # is coming from a strange location, maybe its a fraud. The person is calling from an unknown number, thats not associated with the plan, maybe its a fraud. The person is asking to switch to an XXXX XXXX, but we see theres many other devices XXXX had bought and would have asked to use instead and being that we dont see he had ever used or bought this model phone before. They didnt send a single notification, email, text, etc. to anyone else on the plan, alerting of this change. \n\nBelow is part of an article I found that explains how the fraud was conducted : Scammers abuse the support services of mobile network operator call centers by calling them and posing as customers to get a new XXXX card. The victim doesn't know a new XXXX card is connected to their phone number, which gives attackers the access they need. \n\n\" Once the XXXX is swapped, the victim 's calls, texts, and other data are diverted to the criminal 's device. This access allows criminals to send 'Forgot Password ' or XXXX XXXX ' requests to the victim 's email and other online accounts associated with the victim 's mobile telephone number, '' the XXXX XXXX XXXX warns. \n\n\" Using SMS-based two-factor authentication, mobile application providers send a link or one-time passcode via text to the victim 's number, now owned by the criminal, to access accounts. The criminal uses the codes to login and reset passwords, gaining control of online accounts associated with the victim 's phone profile. '' I finally regained access to my email and didnt see anything strange, until I looked in my trash folder. There I found XXXX emails, within a few minutes of each other, of all the transactions this person had done on my Coinbase account. \n\nWhile on the phone with XXXX XXXX, I had also called Coinbase to lock my account. However, the damage was already done. A day later, when I regained access to my Coinbase account, I was able to see all the trades this scammer had done. Through Coinbase, the scammer had transferred all my crypto investment to XXXX ( I never owned any XXXX mostly others & ETH ). The hacker then transferred the new XXXX holdings into my Coinbase Pro account ( which is supposed to be even more secure than Coinbase ). From there he had sent fractions of the total XXXX holdings & in XXXX ( clear fraud & suspicious ) transactions sent it all to unknown addresses/ wallets. \n\nCoinbase is considered ( which I now know is far from the truth ) the safest & most secure crypto currency exchange for protection. Its a public company & is XXXX insured. I had put most security measures in place- the only way to access my Coinbase was through XXXX factor authentication- every time I access the app, it sends me a single use code to my cell phone, and I must enter that code into the app. The hacker had control of my cell phone #, so the message now went to his phone. Ive also added Face ID authentication, and not sure how this person was able to get around this. Theres also a XXXX digit code thats needed to login to my Coinbase XXXX XXXX XXXX XXXX have this code written down anywhere ( only in my head ) and doubt the scammer was able to know this code out. \n\nDoesnt a company need to have proper security measures in place to become a public company? How are they FDIC insured? Thousands of transactions, within seconds of each other.. Did they not realize this was a computer program doing these transactions and have the account locked? Ive been on Coinbase for several years now & my total trading activity never came close to XXXX transactions, let alone in just a minutes time. \n\nAround {$70000.00} was stolen. The scammer offloaded all the XXXX in hundreds of transactions, {$15.00} at a time. Isnt it suspicious?? Who would do so many transactions to the same wallet? Isnt it obvious a fraud occurred? \n\nBelow is XXXX of XXXX transactions Coinbase allowed a scammer to withdraw from my Coinbase XXXX XXXX my entire life savings .... \n\nfee : XXXX XXXX Destination Address : XXXX Transaction Hash : XXXX Coinbase refuses to help and there's no one to call, sorry, we can only interact via email. Ive sent multiple emails and all they say is we are looking into it, theres nothing we can do once the money has left your wallet and to call the authorities. I went to the authorities, and they need me to provide the hashtags/ transactions to where the crypto was sent. I asked Coinbase to investigate this for me, as I tried every way to do it myself on Coinbase Pro, and they responded, thats going to be very hard to do. As to how they let clear fraud and suspicious activity happen is beyond me. But maybe they dont care, as they made a lot of money on these transaction fees. They really need to investigated and held responsible. They do not have proper measures in place and soon enough it's going to happen to many more people.","date_sent_to_company":"2022-05-05T18:19:17.000Z","issue":"Fraud or scam","sub_product":"Virtual currency","zip_code":"11223","tags":null,"has_narrative":true,"complaint_id":"5545300","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Coinbase, Inc.","date_received":"2022-05-05T17:33:46.000Z","state":"NY","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["This access allows criminals to send 'Forgot Password ' or XXXX XXXX ' requests to the victim 's email and other online <em>accounts</em> associated with the victim 's mobile telephone number, '' the XXXX XXXX XXXX warns. \n\n\" Using SMS-based two-<em>factor</em> authentication, mobile application providers send a link or one-time passcode via text to the victim 's number, now owned by the criminal, to access <em>accounts</em>."]},"sort":[11.027653,"5545300"]},{"_index":"complaint-public-v1","_id":"4178137","_score":9.186661,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"XX/XX/XXXX I received {$210.00} from a client and shortly after my cash app account was hacked. Cash was requested and sent to an unknown/unauthorized person. After receiving the money from my client a request of {$210.00} was requested from a name similar to the person that sent the cash. Cash app denied that request as suspicion fraud. Minutes later another request was made and was accepted and sent out from my cash app balance. Shortly after there was another request for {$1400.00} that was denied by cash app. There was a request to send me {$500.00} from an unknown person that was denied and lastly there was a request for {$1500.00} with the title rent that was accepted and came out of my bank account via cash app. I never pay my rent via cash app and my rent varies monthly due to utilities. After discovering the issues I had with cash app I put in a complaint via the app and contacted my bank. I then started investing deeper and noticed I had a text message and emails from cash app about my code being requested. I also noticed that my email account had been hacked and the thieves forwarded the email with a code to themselves. \n\nI Submitted request for refund via the app on XX/XX/XXXX. \n\nThey replied on XX/XX/XXXX Hi Thanks for reaching out. Cash App has the highest commitment to the security of all our customers ' accounts. For that reason, payments are subject to review, and occasionally a payment is returned to the sender. \n\nKeep in mind that declined payments may result in a pending charge on the senders bank statement, but these should disappear in a few business days. \n\nPlease note, either party can affect the processing of a payment. If you would like to know more, you can review Cash App 's Terms of Service and Payment Terms. \n\nPlease let us know if you're still experiencing issues so we can look into this further. \n\nCash App Support ref : XXXX : ref XX/XX/XXXX Cash app emailed me : Hello I appreciate your patience while waiting for our response. My name is XXXX and I'll be taking care of you from here. Thank you for getting in contact with us. I understand that you are inquiring about your account being hacked. I know how confusing this could be. I'll be happy to check and shed some light on it for you. \n\nWe did not receive complete answers for each question. Without these answers, we can not file your claim. \n\nTo begin our investigation, youll need to provide a complete answer to each of the following questions : 1. What is your legal name and email address and/or phone number linked to the account associated with the 'unauthorized ' activity?\n\n2. What is the date/time and amounts for the transactions that you believe are in error, and why do you believe they were unauthorized?\n\n3. Were you instructed to download any other apps other than Cash App to access the account in question?\n\n4. What is the make and model of the device ( s ) you were logged into when the transactions took place?\n\n5. Which city & state were you in when the transactions took place?\n\n6. Did you forward or provide any account access information to a third party?\n\nWe will review your account as soon as we receive this information.\n\nCash App Support does not have a phone number to call at this time. We will never ask you to provide your PIN, send a payment, add funds to your balance, make a purchase, or complete a \" test '' transaction of any kind.\n\nThanks for all your help, Ill keep an eye out for your response.\n\nStay safe and have a wonderful day!\n\nKind regards, XX/XX/XXXX\n\nCash App Support XX/XX/XXXXI sent that information over and received an email stating : Hi XXXX here with Cash App Support, I'll be taking over your case from here, thank you for reaching back out to us. I understand that getting your funds back is important for you, I know how concerning it is to have unauthorized payments on your account. Not to worry, I'll gladly check your account and see what happened with these funds. \n\nAfter taking a look at your account, we compared the transactions you brought to our attention with your account history. We determined that the transactions in question were sent from a known device. This device had accessed your Cash App account prior to this event. \n\nBased on this information, we have determined the transactions for XXXX and {$210.00} to $ XXXX and $ XXXX on XX/XX/XXXX were authorized, and as a result we have denied your claim. This concludes our investigation into this claim. \n\nTo further secure your account, we suggest the following security steps : Sign-In Code - Cash App will never request this information outside the app. \n\nSecurity Lock - Enable passcode or Touch ID for every in-app Cash App payment. \n\nPersonal Identification Number ( PIN ) - Protect it and keep it private. \n- Do not write it on your card or store it with your card. \n- Use a difficult to guess PIN. \n- Do not use sequences ( XXXX ), DOB, SSN, address, phone number, etc. \n\nPush Notifications - Enable for every transaction. \n\nVirtual Card - Tap your in-app Cash Card to hide its details. \n\nTouch ID / Facial Recognition / Passcode - Enable login security on all devices.\n\n- Each device may vary, please check your device manual for more details. \n\nEmail Two-Factor Authentication - Enable for an additional layer of security.\n\nLastly, we strongly encourage the use of a secondary email for additional security. \n\nPlease note : Cash App does not have a direct phone number to call. \n\nAlso, Cash App support will never ask you to provide your Sign-In Code, PIN, require you to send a payment, add funds to your balance, make a purchase, or complete a \" test '' transaction of any kind. \n\nI hope this helps clear things up. Let me know if you have any other questions or concerns I can address. I'm here to help!\n\nBest Regards, XXXX Cash App Support I then replied to the email saying No I did not authorize these transactions I dont pay rent via cash app I live in an apartment complex. They tried to get me for {$1400.00} and you guys blocked it like you should have with the {$1500.00}. I need my money back the {$210.00} was from a client and was stollen from your application. You need to do better with your security I want my money back ASAP I also sent them a few screen shots of how multiple transactions were pending from my bank account and the requests for money being sent and accepted. \n\nXX/XX/XXXX After submitting those documents I received an email saying, Hello My name is XXXX from Cash App Support I see you were in previous interaction with our Cash App Team and I'll be taking care of you from here. I'm sorry to hear that you had unauthorized transactions attempts into your account, I know how worrisome could be for you. Keeping your personal information secure is our highest priority. \n\nIm assigning your case to a specialist to begin the investigation. \n\nInvestigations can take up to 10 business days to complete, depending on the information you provided. \n\nCash App Support does not have a phone number to call at this time, but you can request a callback from our support team through your Cash App when the option is available. \n\nWe will never ask you to provide your PIN, send a payment, make a purchase, or complete a \" test '' transaction of any kind. \n\nIn the meantime, if you have any questions or concerns, please feel free to reach back out. I'll be happy to help! \n\nBest regards, XXXX Cash App Support. \n\nI have submitted several emails XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX asking about the status of my case with no reply and no phone number to contact them. \n\nOn XX/XX/XXXX I received this email : Due to higher than normal volume our investigations are taking longer than we would like. This is not the experience that we want for our customers and we appreciate your patience while we catch up. \n\nI can confirm that your case has been escalated to the appropriate team and an investigation is in progress. You can expect to hear back about the status of your claim within 30 days of when the claim was filed. \n\nCash App Support does not have a phone number to call at this time, but you can request a callback from our support team through your Cash App when the option is available. \n\nWe will never ask you to provide your PIN, send a payment, make a purchase, or complete a 'test ' transaction of any kind. \n\nI have yet to hear from anyone else at Cash App. Nothing was resolved. There is no number to contact. My bank is still doing their investigation and to this day I am out of {$1700.00} of my hard earned money.","date_sent_to_company":"2021-03-03T07:00:41.000Z","issue":"Other transaction problem","sub_product":"Domestic (US) money transfer","zip_code":"30349","tags":null,"has_narrative":true,"complaint_id":"4178137","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Block, Inc.","date_received":"2021-03-03T00:38:02.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Touch ID / Facial Recognition / Passcode - Enable login <em>security</em> on all devices.\n\n- Each device may vary, please check your device manual for more details. \n\nEmail Two-<em>Factor</em> Authentication - Enable for an additional layer of <em>security</em>.\n\nLastly, we strongly encourage the use of a secondary email for additional <em>security</em>. \n\nPlease note : Cash App does not have a direct phone number to call."]},"sort":[9.186661,"4178137"]},{"_index":"complaint-public-v1","_id":"5182941","_score":6.2253275,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"This complaint was originally submitted mid XX/XX/XXXX ; I have re-entered the complaint after calling your office ( XX/XX/XXXX ) and being told original complaint could not be found in your database?? \nTo date, instead of trying to honestly respond ; I believe that Equifax, in its infinite arrogance, continues to only given frivolous and useless responses and resists improving a now known and proven flawed methodology for handling replaced credit cards that make good sound financial sense while penalizing the consumer by having them pay higher rates based on erroneous drops in credit scores reported after updates. \nI am asking CFPB to pursue a resolution and barring that ; CFPB should take actions ( including opening a class action suit ) against Equifax and the 2 other Big Credit Reporting Bureaus for failing to respond to consumer complaints other than sending back meaningless, boiler-plate and useless responses that basically says to everyone complaining, that regardless of what they do neither individuals nor government agencies can make the big XXXX credit bureaus fix their problems. \nCurrently the CFPB appears to only be able to write reports ; but has no apparent interest or intent of pursuing any additional legal actions. If you can publish this and do find a legal firm willing to pursue class action- I will join. \n\n-- -- -- -- -- -- -- -- -- -ACTUAL COMPLETE EMAILS -- -- -- -- -- -- -- -- ATTACHED AS PDF PLEASE DO NOT PUBLISH WITHOUT REMOVING MY NAME & EMAIL from pdf file -- -- -- -- -- -- -- -- -- -- -- -- -- HISTORY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- On Thu, XX/XX/XXXX at XXXX PM I sent the following message to CEO of Equifax XXXX XXXX ) with Subject : A comment from a fellow orange ( class of XXXX ) -- -- Am I missing something?? \nIn the email I basically asked XXXX, as a fellow graduate of XXXX University, to please pass this on to his XXXX  or whomever he believed could look into what appears to be a \" flaw or error '' in the Equifax methodology used to upgrade the FICO scores provided after new information is inputted ( e.g. recalculated FICO score if credit card ( s ) are open, closed & /or replaced ) Attached are excerpts from the email ( CFPB was cc on original email ) \" Hi XXXX... .I send you this note... ..over the fact that good credit practices get you bad / lower FICO scores '' and I suggested based on my experience that ( he ) ... \" look into the sanity, validity and accuracy of ( his ) Equifax secret/ proprietary algorithm for FICO scores. The algorithm seems to sometimes work in reverse? '' I apologized for the amount of information ; but hopefully it was worthwhile to person assigned the task of evaluating my concern. I included my educational & work experience. \nI reiterated that I only ' .... took advantage of s recent XXXX XXXX XXXX XXXXXXXX credit card offer ( 2 % cash back on everything ). Since I pay all my credit cards .... off in total each month ( I pay zero interest to CC companies ) ; So I cancelled our 2 ( XXXX 1 % cash back ) credit cards and replaced them with a new 2 % cardas far I was concerned this was a No Brainer right? \nWell it seems that my FICO score ( based on your Equifax data ) dropped?? \nWhen I checked into it, I found out that the Key factors affecting my score changes were : A LACK OF RECENT INSTALLMENT LOAN INFORMATION o Seems your FICO Score considers recent non-mortgage installment loan ( such as auto or student loans ) information on a persons credit report.\n\no AND my score was impacted because my credit report shows NO recent non-mortgage installment loans or insufficient recent information about your loans. \no THIS IS because I HAVE NO LOANS! No Mortgage, No student loans ( did put 2 daughters : a RN / nurse and a HR Manager for major casino chain in NJ through parochial & private schools Plus 2 very nice XXXX weddings ) also THE TIME SINCE THE MOST RECENT ACCOUNT IS TOO SHORT. \no Seems your FICO Score considers how recently a person opened a new credit account as shown on their credit report. \no AND my score was impacted because of the time since I opened the new account. \no Seems your FICO score doesnt consider that it was also notated by the issuer ( Key Bank ) that This NEW CARD is a REPLACEMENT for 2 Lower Limit & Lower Reward credit cards. \n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -Response from Equifax XXXX -- -- -- -- -- -- -- -- -- -- -- Between Thu, XX/XX/XXXX at XXXX XXXX and Fri, XX/XX/XXXX XXXX am I received what I considered to be a meaningless, \" boiler-plate '' and useless response .... it stated : \" Please be advised that there are several different scoring models a company may use. The credit score that Equifax provides, called the Equifax Risk Score, may vary from other scores you obtain from other companies or sources. Many companies may use and provide a FICO score. \" ( does not address complaint ) \" Your Equifax Risk score is calculated by a mathematical formula that evaluates the content of all account data on your credit report. If the account data contained on your credit report is correct, then the credit score is correct. ( Useless since my concern was that someone at either XXXXXXXX XXXX or XXXX XXXX or Equifax failed to CLEARLY INPUTTED & IDENTIFIED, as they agreed to do, THAT THIS WAS NOT A CANCEL & NEW CARD ISSUE BUT A FINANCIAL INSTITUTION OFFER TO REPLACE A LOWER PAYING 1 % CASH BACK CARD WITH A 2X HIGHER PAYBACK CARD ).\n\nI was also told \" Please be advised that your credit score can not be updated or changed by anyone. This is an automated calculation based upon the credit report.\n\nIf you have obtained your score, you may wish to review the reason codes provided along with the score. The reason codes will give you an indication of the key factors that may be impacting your overall credit score. ) This was addressed in original complaint & never responded to ) If you have reason to believe information reporting on your Equifax credit report is incorrect, you may dispute the information by contacting us using one of the three methods listed below. That included phone, online, mail. \n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- WHAT HAS HAPPENED -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - I have tried multiple times to call ( XXXX ) to BOTH open a dispute ; and also try to get my Equifax credit report. \nIt appears that each time Equifax, as a last check list item, asks you to answer 4 questions about your account dealing with loans you have. If your answer is NONE OF THE ABOVE for all 4 questions, you are told we can not help you ( at this time ) ... try again on line or by mail.\n\nI ordered my CREDIT REPORT FROM annualcreditreport.com and it will arrive in 30 days ....\n\nI responded to CEO & Equifax on XX/XX/XXXX to XXXX XXXX, ( CEO Equifax and to CFPB Ombudsman ) Since receiving the Equifax Customer Care ( ECC ) response ( the group apparently selected by XXXX XXXX or his representative to address my concern ) ; I have tried contacting/calling Equifax, at the number given, on several occasions. The last two calls, before today, were earlier ( XX/XX/XXXX ).. \nI originally sent my concern to the CEO of Equifax, as an friend & alumni from our college, but apparently whomever he selected to respond to me was not aware of the recent XX/XX/XXXX Consumer Financial Protection Bureau ( CFPB ) report ( a copy CFPB report was also attached ). Maybe it should be required reading for Equifax ECC...\n\nI continue to express concerns that this damages the most vulnerable people including the poor, senior citizens, minorities and immigrants ) ; these individuals have less time, resources and therefore the ability to get meaningful responses and results from the oligopoly ( the CFPB used description for Big 3 Credit Reporting Companies ) that Equifax is part of.\n\nIf Equifax can not seriously address our concerns and respond to the fact that the algorithm or methodology that they deliberately choose ( and continue to chose and use ), can be meaningfully improved ; then I suggest that CFPB consider as a next step, a formal complaint & /or some additional disciplinary/remedial actions including initiating a class action suit.\n\nBased on the increasing numbers of recent new complaints and the corresponding lack of Equifax 's ( and other credit bureau 's ) meaningful responses ; it seems just a matter of time before other, harsher, actions, ( including governmental & /or private class actions ), need to be pursued.\n\nI believe that making \" good '', \" sensible '', \" logical '' and \" prudent '' financial decisions should be rewarded and not penalized. These are well established and accepted industry wide accepted best practices.\n\nIf this is not a flawed systemic methodology or algorithm then it is a failure in execution ; and again it is Equifax 's ( as the user ) responsibility to correct.\n\nEither way, instead of Equifax ( in their formal response ) explaining how the making of these good, sensible, logical and prudent financial decisions were penalized ; they apparently and openly admit that that ( and I quote from the attached response ) \" Your Equifax Risk score is calculated by a mathematical formula that evaluates the content of all account data on your credit report. If the account data on your credit report is correct then the credit score is correct '' \" Please be advised that your credit score can not be updated or changed by anyone. This is an automated calculation based upon the credit report.\n\nTHEN, we can only assume, it MUST be PERFECT & FLAWLESS, ( just the way Equifax protected there data last class action law suit ) ; so it will NEVER need improvements NO MATTER HOW POORLY IT FAILS to FUNCTION & /or TRACK with good financially accepted practices ; even after someone tells them about it .... ) Apparently neither XXXX XXXX nor his designated responders bothered to offer any response as to why my credit score was reduced? Something changed right? \nI believe I did address, in my original email, the key factors that were mentioned as the reason for my lower Equifax score. ( see original email below ) and still no meaningful response To XXXX XXXX ( and CFPB ), I simply ask : Was it your mathematical formula? or \" was it XXXX XXXX XXXX  failure to correctly input the reason for replacing the credit cards? or was it Equifax 's overall system that failed to allow or execute the handling of replacement credit cards? or Some or all of the above? \nInstead in Equifax 's infinite arrogance, I was given a frivolous and useless response. \nWould you ( as CEO ) accept this as an answer, if you asked the question? ( A question a lawyer might ask you ) When I asked XXXX XXXX, Sir- Please advise, if and what I ( and CFPB ) should expect - if anything? and when to expect it? Your response for the last XXXX weeks is NOTHING MEANINGFUL The reason I ask is because Equifax has often promised to open investigations and send the results to the consumers at later dates, but it has failed to provide the CFPB with the outcomes of the investigations ; and I fear this may again happen.\n\nI reminded Equifax that this most recent Equifax faux pas has dropped my score from Exceptional to Very Good ; and thereby raising, in part, the cost of my recent auto & home insurance renewal policies ( both acknowledge they use Equifax FICO scores to calculate their premiums ). I also would consider absorbing this if Equifax can satisfactorily resolve this concern quickly ...... Still nothing I no longer trust Equifax and have a \" freeze '', with all 3 credit reporting entities ; especially after Equifax 's inability to protect their data. ( Reference - XX/XX/XXXX, Equifax finally admitted to being hacked, after six weeks ; and loosing data ( for ultimately almost 150 Million individuals ). Additionally, having a multi-state investigation found that Equifax failed to implement an adequate security system, despite knowing about a critical vulnerability in its software. ) Sound familiar someone finds a problem, Equifax is told. Does Nothing, Gets Sued Remember XXXX XXXX XXXX Blowing up? Is this a matter of paying a penalty because it is cheaper and nothing gets fixed Only time will tell","date_sent_to_company":"2022-02-03T22:12:37.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"12590","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"5182941","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-02-03T21:48:55.000Z","state":"NY","company_public_response":null,"sub_issue":"Problem with personal statement of dispute"},"highlight":{"complaint_what_happened":[". \n-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- WHAT HAS HAPPENED -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - I have tried <em>multiple</em> times to call ( XXXX ) to BOTH open a dispute ; and also try to get my Equifax credit report. \nIt appears that each time Equifax, as a last check list item, asks you to answer 4 questions about your <em>account</em> dealing with loans you have."],"issue":["Problem with a credit reporting company's investigation <em>into</em> an existing problem"]},"sort":[6.2253275,"5182941"]},{"_index":"complaint-public-v1","_id":"10475948","_score":6.0499234,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ Dealership Location ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). Drive time did not accurately and truthfully follow the ( TILA ) laws. \n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in XXXX in response to exceedlingy predatory loan practices. Prior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The XXXX also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Drive time Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code 160XXXX ( k ) : ( k ) The term adequate notice, as used in section XXXX of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( 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. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of XXXX [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of XXXX, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. \n* XXXX, monthly payments ( XXXX ) Service or carrying charge. \n\n\n( XXXX ) Loan fee, finders fee, or similar charge. \n\n\n( XXXX ) Fee for an investigation or credit report. \n\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( XXXX ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( XXXX ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( XXXX ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( XXXX ) which would otherwise be payable. \n\n\n( XXXX ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes.\n\n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports. \n\n\n\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms.\n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances. \n\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : Drive time is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) 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, ( 2 ) 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 ( 3 ) 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. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section XXXX of this title, subsection ( f ) or ( g ) of section XXXX of this title, or part D or XXXX of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( XXXX ) any actual damage sustained by such person as a result of the failure ; ( XXXX ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than XXXX year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( XXXX ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the","date_sent_to_company":"2024-10-16T19:34:11.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475948","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-10-16T19:33:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( d ) Liability in transaction or lease involving <em>multiple</em> obligors When there are <em>multiple</em> obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter."],"issue":["Problem with a company's investigation <em>into</em> an existing problem"]},"sort":[6.0499234,"10475948"]},{"_index":"complaint-public-v1","_id":"10475822","_score":6.038088,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I am writing to formally rescind my [ contract/agreement ] for the purchase of the [ XXXX, XXXX, vin number XXXX ], purchased on [ XX/XX/XXXX ] at your [ XXXX XXXX ]. Under the provisions of relevant consumer protection laws and regulations, including but not limited to the Truth in Lending Act ( TILA ), Federal Trade Commission ( FTC ) regulations, and the Consumer Financial Protection Bureau ( CFPB ) guidelines, I am exercising my right to rescind this contract and request a full refund of any amounts paid, in accordance with my rights under the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601 ) and related consumer protection statutes. \n\nAfter careful review of the loan documents and disclosures provided by your dealership, I have discovered multiple violations of my rights as a consumer. These violations fall under the following federal consumer laws : 1. **Truth in Lending Act ( TILA ) Violations** : Truth and lending disclosure : Annual percentage rate, finance charge ( ( Sum of all charges ) ), amount financed, any down payment with total payments, total interest from apr. ( amount of credit provided on my behalf ( ( open end credit plan ) ). did not accurately and truthfully follow the ( TILA ) laws.\n\nPrimary tabs ( *definition ) The Truth in Lending Act ( TILA ) is a consumer protection law enacted in 1968 in response to exceedlingy predatory loan practices. P\nrior to the TILA, lenders would use a variety of terminology and forms of lending that manipulated uninformed borrowers. The TILA changed this by requiring a uniform system of disclosures and terminology to be used for lending like credit cards or mortgages. Creditors were required to disclose details like the annual percentage rate and repayments details in a clear way to borrowers or else the borrower may be able to rescind the debt. TILA also limits the amount of late fees creditors can charge. Overall, the TILA since its signing has been updated to respond to changing lending practices to ensure borrowers clearly understand the terms and conditions they agree to. \n\n\n\n\n-15 U.S. Code 1601- Congressional findings and declaration of purpose ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n( b ) Terms of personal property leases The Congress also finds that there has been a recent trend toward leasing automobiles and other durable goods for consumer use as an alternative to installment credit sales and that these leases have been offered without adequate cost disclosures. It is the purpose of this subchapter to assure a meaningful disclosure of the terms of leases of personal property for personal, family, or household purposes so as to enable the lessee to compare more readily the various lease terms available to him, limit balloon payments in consumer leasing, enable comparison of lease terms with credit terms where appropriate, and to assure meaningful and accurate disclosures of lease terms in advertisements. \n- 15 U.S.C. 1602 ( g ), ( j ), ( i ), ( k ), ( p ) : Failed to provide clear and accurate definitions regarding credit terms and conditions at the time of the transaction or beforehand. \n\n15 U.S code 1602 ( g ) : ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. \n\nIn this Violation I am not liable for any payments or finance charges outside of the initial Consumer credit transaction ( CCT ), as to having open end credit! There is no such evidence of indebtedness to ( me ) The contract will be voided and longer service anything. Rescind the agreement/ contract now. \n\n\n15 U.S code 1602 ( i ) : ( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. \n\nI need the car to get my siblings to school and be able to go to work and back home. I can not do that in the face of illegal representation and not fully disclosing the information ( TILA ), who has instructed ( XXXX XXXX ) to do so in congress writing. I need the car so I am able to sustain a life of living. \n\n\n15 U.S code 1602 ( j ) : ( j ) The terms open end credit plan and open end consumer credit plan mean a plan under which the creditor reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time on the outstanding unpaid balance. A credit plan or open end consumer credit plan which is an open end credit plan or open end consumer credit plan within the meaning of the preceding sentence is an open end credit plan or open end consumer credit plan even if credit information is verified from time to time. \n\nI have a right to unlimited credit in the case of being denied credit is a false and inaccurate statement under the consumer law writings. As I am not liable for any of the monthly payments, down payments and extra charges that were not clearly and conspicuously disclosed. \n\n\n15 U.S code XXXX ( k ) : ( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. Such notice may be given to a cardholder by printing the notice on any credit card, or on each periodic statement of account, issued to the cardholder, or by any other means reasonably assuring the receipt thereof by the cardholder. \n\n\nThere was never a point in time that drive time informed me on my right to rescind, which is a violation for not disclosing to me my right Clearly and conspicuously to rescind. \n\n\n15 U.S code 1602 ( p ) : ( 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. \n\nI was violated by ( XXXX XXXX ) in the misuse of my credit report and information which is a violation. I received no benefits from the extra unlawful charges. This misleading information has led me into losing my job and not being able to get my mothers care needed. \n\n- 15 U.S.C. 1604 ( a ), ( b ) : Violations related to required regulations and guidelines for credit disclosures. They misused my credit which affected me in many statue damages, which damaged my way of living, character and right to obtain more credit. \n\n- 15 U.S.C. 1604 ( a ) : ( a ) Promulgation, contents, etc., of regulations The Bureau shall prescribe regulations to carry out the purposes of this subchapter. Except with respect to the provisions of section 1639 of this title that apply to a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, such regulations may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this subchapter, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. \n\n- 15 U.S.C. 1604 ( b ) : ( b ) Model disclosure forms and clauses ; publication, criteria, compliance, etc. \nThe Bureau shall publish a single, integrated disclosure for mortgage loan transactions ( including real estate settlement cost statements ) which includes the disclosure requirements of this subchapter in conjunction with the disclosure requirements of the Real Estate Settlement Procedures Act of 1974 [ 12 U.S.C. 2601 et seq. ] that, taken together, may apply to a transaction that is subject to both or either provisions of law. The purpose of such model disclosure shall be to facilitate compliance with the disclosure requirements of this subchapter and the Real Estate Settlement Procedures Act of 1974, and to aid the borrower or lessee in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Bureau shall consider the use by creditors or lessors of data processing or similar automated equipment. Nothing in this subchapter may be construed to require a creditor or lessor to use any such model form or clause prescribed by the Bureau under this section. A creditor or lessor shall be deemed to be in compliance with the disclosure provisions of this subchapter with respect to other than numerical disclosures if the creditor or lessor ( 1 ) uses any appropriate model form or clause as published by the Bureau, or ( 2 ) uses any such model form or clause and changes it by ( A ) deleting any information which is not required by this subchapter, or ( B ) rearranging the format, if in making such deletion or rearranging the format, the creditor or lessor does not affect the substance, clarity, or meaningful sequence of the disclosure. \nIn accordance with the consumer law i am revoking all of my signatures from ( XXXX XXXX ) and all contracts that ( XXXX XXXX ) illegally obtained and distributed to other furnishers. \n\n- 15 U.S.C. 1605 ( a ) ( 1 ) - ( 6 ), ( c ), ( d ) ( 1 ) - ( 3 ), ( e ) ( 1 ) - ( 6 ) : Improper disclosure of the finance charge, amount financed, and the annual percentage rate ( APR ). In the documents attached to this letter ( Retail installment contract ) It shows extra charges outside of the finance charge which ( CLEARLY STATES ) in title above this statement. I will need full compensation back for all misleading advertisements presented illegally as for non accurate disclosures of documents to be terminated immediately. \n\n\n( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents ( car dealership ), attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.\n\n* Apr, monthly payments ( 2 ) Service or carrying charge. \n\n\n( 3 ) Loan fee, finders fee, or similar charge.\n\n( 4 ) Fee for an investigation or credit report.\n\n( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. \n\n\n\n\n( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( extra fees onto of car loan- apart of finance charged ) ( finaced to me on my behalf on the finance charged means it was paid off full. ) - 15 U.S.C. 1605 ( c ) : ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \n\n\n- 15 U.S.C. 1605 ( d ) : ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( 1 ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. \n\n\n( 2 ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( 1 ) which would otherwise be payable.\n\n( 3 ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. \n\n\n- 15 U.S.C. 1605 ( e ) : ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes. \n( 2 ) Fees for preparation of loan-related documents.\n\n( 3 ) Escrows for future payments of taxes and insurance.\n\n( 4 ) Fees for notarizing deeds and other documents.\n\n( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing.\n\n( 6 ) Credit reports.\n\n- 15 U.S.C. 1606 ( a ) ( 1 ) ( A ) ( B ) ( 2 ), ( b ), ( e ) : Violations in the calculation and disclosure of the APR and other credit terms. \n\n15 U.S. Code 1606 - Determination of annual percentage rate ( a ) Annual percentage rate defined The annual percentage rate applicable to any extension of consumer credit shall be determined, in accordance with the regulations of the Bureau, ( 1 ) in the case of any extension of credit other than under an open end credit plan, as ( A ) that nominal annual percentage rate which will yield a sum equal to the amount of the finance charge when it is applied to the unpaid balances of the amount financed, calculated according to the actuarial method of allocating payments made on a debt between the amount financed and the amount of the finance charge, pursuant to which a payment is applied first to the accumulated finance charge and the balance is applied to the unpaid amount financed; or ( B ) the rate determined by any method prescribed by the Bureau as a method which materially simplifies computation while retaining reasonable accuracy as compared with the rate determined under subparagraph ( A ). [ 1 ] ( 2 ) in the case of any extension of credit under an open end credit plan, as the quotient ( expressed as a percentage ) of the total finance charge for the period to which it relates divided by the amount upon which the finance charge for that period is based, multiplied by the number of such periods in a year. \n\n\n( b ) Computation of rate of finance charges for balances within a specified range Where a creditor imposes the same finance charge for balances within a specified range, the annual percentage rate shall be computed on the median balance within the range, except that if the Bureau determines that a rate so computed would not be meaningful, or would be materially misleading, the annual percentage rate shall be computed on such other basis as the Bureau may be regulation require ( e ) Authorization of tolerances in determining annual percentage rates In the case of creditors determining the annual percentage rate in a manner other than as described in subsection ( d ), the Bureau may authorize other reasonable tolerances.\n\n- 15 U.S.C. 1611 ( 1 ) - ( 3 ) : is held under the Criminal liability for willful and knowing violations of TILA provisions. \n\n15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) 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, ( 2 ) 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 ( 3 ) 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. \n\n- 15 U.S.C. 1640 ( a ) ( 1 ) - ( 4 ), ( d ) - ( f ) : Civil liability for TILA violations, including statutory damages and legal remedies available to me as a consumer. My credit, person of self, natural character was damaged due to the fact of not being informed clearly and conspicuously on my rights and the finance charge break down. I have lost my daughter and jobs with my truck being repossessed illegally which is a breach of peace a federal law. I have been struggling to get to work do to this outcome of illegal activities. \n\n15 U.S. Code 1640 - Civil liability ( a ) Individual or class action for damages ; amount of award ; factors determining amount of award Except as otherwise provided in this section, any creditor who fails to comply with any requirement imposed under this part, including any requirement under section 1635 of this title, subsection ( f ) or ( g ) of section 1641 of this title, or part D or E of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of the failure ; ( 2 ) ( A ) ( i ) in the case of an individual action twice the amount of any finance charge in connection with the transaction, ( ii ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, ( iii ) in the case of an individual action relating to an open end consumer credit plan that is not secured by real property or a dwelling, twice the amount of any finance charge in connection with the transaction, with a minimum of {$500.00} and a maximum of {$5000.00}, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures ; [ 1 ] or ( iv ) in the case of an individual action relating to a credit transaction not under an open end credit plan that is secured by real property or a dwelling, not less than {$400.00} or greater than {$4000.00} ; or ( B ) in the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or 1 per centum of the net worth of the creditor ; ( 3 ) in the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of rescission under section 1635 or 1638 ( e ) ( 7 ) of this title, the costs of the action, together with a reasonable attorneys fee as determined by the court ; and ( 4 ) in the case of a failure to comply with any requirement under section 1639 of this title, paragraph ( 1 ) or ( 2 ) of section 1639b ( c ) of this title, or section 1639c ( a ) of this title, an amount equal to the sum of all finance charges and fees paid by the consumer, unless the creditor demonstrates that the failure to comply is not material.In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected, and the extent to which the creditors failure of compliance was intentional. In connection with the disclosures referred to in subsections ( a ) and ( b ) of section 1637 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, 1637 ( a ) [ 2 ] of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title, or for failing to comply with disclosure requirements under State law for any term or item that the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms or items referred to in section 1637 ( a ) of this title, or any of paragraphs ( 4 ) through ( 13 ) of section 1637 ( b ) of this title. In connection with the disclosures referred to in subsection ( c ) or ( d ) of section 1637 of this title, a card issuer shall have a liability under this section only to a cardholder who pays a fee described in section 1637 ( c ) ( 1 ) ( A ) ( ii ) ( I ) or section 1637 ( c ) ( 4 ) ( A ) ( i ) of this title or who uses the credit card or charge card. In connection with the disclosures referred to in section 1638 of this title, a creditor shall have a liability determined under paragraph ( 2 ) only for failing to comply with the requirements of section 1635 of this title, of paragraph ( 2 ) ( insofar as it requires a disclosure of the amount financed ), ( 3 ), ( 4 ), ( 5 ), ( 6 ), or ( 9 ) of section 1638 ( a ) of this title, or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title, of subparagraphs ( A ), ( B ), ( D ), ( F ), or ( J ) of section 1638 ( e ) ( 2 ) of this title ( for purposes of paragraph ( 2 ) or ( 4 ) of section 1638 ( e ) of this title ), or paragraph ( 4 ) ( C ), ( 6 ), ( 7 ), or ( 8 ) of section 1638 ( e ) of this title, or for failing to comply with disclosure requirements under State law for any term which the Bureau has determined to be substantially the same in meaning under section 1610 ( a ) ( 2 ) of this title as any of the terms referred to in any of those paragraphs of section 1638 ( a ) of this title or section 1638 ( b ) ( 2 ) ( C ) ( ii ) of this title. With respect to any failure to make disclosures required under this part or part D or E of this subchapter, liability shall be imposed only upon the creditor required to make disclosure, except as provided in section 1641 of this title. \n\n\n( d ) Liability in transaction or lease involving multiple obligors When there are multiple obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter. \n( e ) Jurisdiction of courts ; limitations on actions ; State attorney general enforcement Except as provided in the subsequent sentence, any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation or, in the case of a violation involving a private education loan ( as that term is defined in section 1650 ( a ) of this title ), 1 year from the date on which the first regular payment of principal is due under the loan. Any action under this section with respect to any violation of section 1639, 1639b, or 1639c of this title may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 3-year period beginning on the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. An action to enforce a violation of section 1639, 1639b, 1639c, 1639d, 1639e, 1639f, 1639g, or 1639h of this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, not later than 3 years after the date on which the violation occurs. The State attorney general shall provide prior written notice of any such civil action to the Federal agency responsible for enforcement under section 1607 of this title and shall provide the agency with a copy of the complaint. If prior notice is not feasible, the State attorney general shall provide notice to such agency immediately upon instituting the action. The Federal agency may ( 1 ) intervene in the action ; ( 2 ) upon intervening ( A ) remove the action to the appropriate United States district court, if it was not originally brought there; and ( B ) be heard on all matters arising in the action; and ( 3 ) file a petition for appeal. \n\n\n( f ) Good faith compliance with rule, regulation, or interpretation of Bureau or with interpretation or approval of duly authorized official or employee of Federal Reserve System No provision of this section, section 1607 ( b ) of this title, section 1607 ( c ) of this title, section 1607 ( e ) of this title, or section 1611 of this title imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Bureau or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Bureau to issue such interpretations or approvals under such procedures as the Bureau may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n\n- 15 U.S.C. 1635 ( a ) - ( g ), ( i ) ( 1 ) ( 3 ) ( 4 ) : Right to rescind based on inadequate or misleading disclosures under TILA, specifically as it pertains to the right of rescission. XXXX XXXX did not clearly or conspicuously detail anything under the ( TILA ) LAW. \n\n\n( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \n( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. \n( c ) Rebuttable presumption of delivery of required disclosures Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms, and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof. \n( d ) Modification and waiver of rights The Bureau may, if it finds that such action is necessary in order to permit homeowners to meet bona fide personal financial emergencies, prescribe regulations authorizing the modification or waiver of any","date_sent_to_company":"2024-10-16T19:19:51.000Z","issue":"Problems at the end of the loan or lease","sub_product":"Loan","zip_code":"27405","tags":null,"has_narrative":true,"complaint_id":"10475822","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2024-10-16T18:54:50.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Unable to receive car title or other problem after the loan is paid off"},"highlight":{"complaint_what_happened":["( d ) Liability in transaction or lease involving <em>multiple</em> obligors When there are <em>multiple</em> obligors in a consumer credit transaction or consumer lease, there shall be no more than one recovery of damages under subsection ( a ) ( 2 ) for a violation of this subchapter."]},"sort":[6.038088,"10475822"]},{"_index":"complaint-public-v1","_id":"8022879","_score":5.830566,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to address the ongoing contractual violations by Self Lender and XXXX XXXX XXXX  XXXX EQUIFAX AND XXXX resulting in significant breaches of federal privacy laws and rendering our contract void and ineffective immediately. \nproof of violations are in the letter they emailed as correspondence. \nThe violations include but are not limited to : XXXX reporting of XXXX months paid to third party which is a violation of 15 USC 6805/15 CFR 313.7. \n2. Unauthorized sharing of my personal financial information with a non-affiliate without explicit consent, infringing upon my right to opt-out as per 15 USC 6805/15 CFR 313.7.\n\n3. The illegal inclusion of detailed transaction history in their reports, which is explicitly prohibited under 15 CFR 433.2.\n\n4. False conveyance of language, misrepresenting the transaction history in their reports, a violation under 17 CFR 424.\n\n5. Inclusion of promotional inquiry and solicitation, which is an additional breach of privacy rights.\n\n6. The Information in the credit file was not always kept confidential 7. Criminal liability of any officer or employee of consumer reporting agency to an unauthorised person.\n\n8. Claims to have closed the account but refused to furnish a full audit of the account which is still being classified as OPEN 9. Has posed a significant risk to my privacy as a consumer 10. Reporting derogatory marks of UNPAID without my consent causing harm to the consumer The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority.\n\nI demand compensation for the breaches that have resulted in significant privacy violations, totaling {$9000.00} based on the identified violations, each amounting to {$1000.00}.\n\nFurthermore, it is essential to rectify an error in your records. The name FOR THE ACCOUNT should be XXXX XXXX XXXX XXXX not XXXX XXXX XXXX I registered the account under my full name. The inclusion of the incorrect name in the contract further supports its invalidity. \n\nMoreover, any further reporting of account history or attempts to collect information will be considered a breach of federal law, court orders, and agreement terms. \n\nPlease provide written acknowledgment of the compensation demand, confirmation of ceasing any account reporting, immediate correction of my name to XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] days upon receipt. Failure to comply within the stipulated timeframe will necessitate pursuing all available legal remedies to seek redress for the infringements upon my privacy rights as outlined in federal law and the court orders. \n\nI anticipate your immediate attention and compliance with these demands. \n\nSUBCHAPTER IDISCLOSURE OF NONPUBLIC PERSONAL INFORMATION XXXX. Protection of nonpublic personal informa- tion ( a ) Privacy obligation policy It is the policy of the Congress that each fi- nancial institution has an affirmative and con- tinuing obligation to respect the privacy of its customers and to protect the security and con- fidentiality of those customers nonpublic per- sonal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institu- tions subject to their jurisdiction relating to ad- ministrative, technical, and physical safe- guards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconven- ience to any customer.\n\n( a ) Notice requirements Except as otherwise provided in this sub- chapter, a financial institution may not, di- rectly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a no- tice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non- affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such in- formation may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is ini- tially disclosed, to direct that such informa- tion not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that non- disclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services of- fered pursuant to joint agreements between two or more financial institutions that com- ply with the requirements imposed by the reg- ulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to main- tain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub- chapter, a nonaffiliated third party that re- ceives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such re- ceiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account num- ber information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access num- ber or access code for a credit card account, de- posit account, or transaction account of a con- sumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or oth 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\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\n16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods.\n\nCFR 313.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.\n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.\n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\n\n( d ) Joint relationships.\n\n( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).\n\n( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.\n\n( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. \n\n( XXXX ) XXXX. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX 's address, you XXXX do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX 's address, but you must accept an opt out direction from either XXXX or XXXX. \n\n( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you XXXX not require XXXX to opt out as well before implementing XXXX 's opt out direction. \n\n( iii ) XXXX XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you XXXX only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. \n\n( XXXX ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. \n\n( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.\n\n( g ) Duration of consumer 's opt out direction.\n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship.\n\n( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9.\n\n( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. \n\n[ XXXX XXXX XXXX, XX/XX/XXXX, as amended at XXXX XXXX XXXX, XXXX XXXX, XXXX ] ( d ) ( XXXX ) To enhance the readability of the prospectus, you must use plain English principles in the organization, language, and design of the front and back cover pages, the summary, and the risk factors section.\n\n( 2 ) You must draft the language in these sections so that at a minimum it substantially complies with each of the following plain English writing prin- ciples : ( i ) Short sentences ; ( ii ) Definite, concrete, everyday words ; ( iii ) Active voice ; ( iv ) Tabular presentation or bullet lists for complex material, whenever possible ; ( v ) No legal jargon or highly technical business terms ; and ( vi ) No multiple negatives.\n\n( 3 ) In designing these sections or other sections of the prospectus, you may include pictures, logos, charts, graphs, or other design elements so long as the design is not misleading and the required information is clear. You are encouraged to use tables, schedules, charts and graphic illustrations of the results of operations, balance sheet, or other financial data that present the data in an understandable manner. Any presentation must be consistent with the financial statements and non-financial information in the prospectus. You must draw the graphs and charts to scale. Any information you provide must not be misleading","date_sent_to_company":"2023-12-19T04:13:05.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"231XX","tags":null,"has_narrative":true,"complaint_id":"8022879","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-12-19T04:13:01.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( i ) <em>Model</em> privacy form. Pursuant to 313.2 ( a ) of this part, a <em>model</em> privacy form that meets the notice content requirements of this section is included in appendix A of this part. \n\n[ XXXX XXXX XXXX, XX/XX/XXXX, as amended at XXXX XXXX XXXX, XXXX XXXX, XXXX ] ( d ) ( XXXX ) To enhance the readability of the prospectus, you must use plain English principles in the organization, language, and design of the front and back cover pages, the summary, and the risk <em>factors</em> section."]},"sort":[5.830566,"8022879"]},{"_index":"complaint-public-v1","_id":"8022971","_score":5.8180523,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to address the ongoing contractual violations by XXXX XXXX XXXX XXXX XXXX TRANS UNION XXXX AND XXXX resulting in significant breaches of federal privacy laws and rendering our contract void and ineffective immediately. \nproof of violations are in the letter they emailed as correspondence. \nThe violations include but are not limited to : 1. reporting of seven months paid to third party which is a violation of 15 USC 6805/15 CFR 313.7.\n\n2. Unauthorized sharing of my personal financial information with a non-affiliate without explicit consent, infringing upon my right to opt-out as per 15 USC 6805/15 CFR 313.7.\n\n3. The illegal inclusion of detailed transaction history in their reports, which is explicitly prohibited under 15 CFR 433.2.\n\n4. False conveyance of language, misrepresenting the transaction history in their reports, a violation under 17 CFR 424.\n\n5. Inclusion of promotional inquiry and solicitation, which is an additional breach of privacy rights.\n\n6. The Information in the credit file was not always kept confidential 7. Criminal liability of any officer or employee of consumer reporting agency to an unauthorised person.\n\n8. Claims to have closed the account but refused to furnish a full audit of the account which is still being classified as OPEN 9. Has posed a significant risk to my privacy as a consumer 10. Reporting derogatory marks of UNPAID without my consent causing harm to the consumer The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. \n\nI demand compensation for the breaches that have resulted in significant privacy violations, totaling {$9000.00} based on the identified violations, each amounting to {$1000.00}. \n\nFurthermore, it is essential to rectify an error in your records. The name FOR THE ACCOUNT should be XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I registered the account under my full name. The inclusion of the incorrect name in the contract further supports its invalidity. \n\nMoreover, any further reporting of account history or attempts to collect information will be considered a breach of federal law, court orders, and agreement terms. \n\nPlease provide written acknowledgment of the compensation demand, confirmation of ceasing any account reporting, immediate correction of my name to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX days upon receipt. Failure to comply within the stipulated timeframe will necessitate pursuing all available legal remedies to seek redress for the infringements upon my privacy rights as outlined in federal law and the court orders. \n\nI anticipate your immediate attention and compliance with these demands. \n\nSUBCHAPTER IDISCLOSURE OF NONPUBLIC PERSONAL INFORMATION 6801. Protection of nonpublic personal informa- tion ( a ) Privacy obligation policy It is the policy of the Congress that each fi- nancial institution has an affirmative and con- tinuing obligation to respect the privacy of its customers and to protect the security and con- fidentiality of those customers nonpublic per- sonal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institu- tions subject to their jurisdiction relating to ad- ministrative, technical, and physical safe- guards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconven- ience to any customer.\n\n( a ) Notice requirements Except as otherwise provided in this sub- chapter, a financial institution may not, di- rectly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a no- tice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non- affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such in- formation may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is ini- tially disclosed, to direct that such informa- tion not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that non- disclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services of- fered pursuant to joint agreements between two or more financial institutions that com- ply with the requirements imposed by the reg- ulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to main- tain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub- chapter, a nonaffiliated third party that re- ceives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such re- ceiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account num- ber information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access num- ber or access code for a credit card account, de- posit account, or transaction account of a con- sumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or oth 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\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. \n16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods.\n\nCFR 313.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.\n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.\n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\n\n( d ) Joint relationships.\n\n( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).\n\n( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.\n\n( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. \n\n( 5 ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX XXXX  address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX XXXX address, but you must accept an opt out direction from either XXXX or XXXX. \n\n( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXX 's opt out direction. \n\n( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. \n\n( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. \n\n( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. \n\n( g ) Duration of consumer 's opt out direction. \n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship.\n\n( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9.\n\n( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part.\n\n[ 65 FR 33677, XX/XX/XXXX, as amended at 74 FR 62966, XXXX XXXX XXXX ] ( d ) ( 1 ) To enhance the readability of the prospectus, you must use plain English principles in the organization, language, and design of the front and back cover pages, the summary, and the risk factors section. \n( 2 ) You must draft the language in these sections so that at a minimum it substantially complies with each of the following plain English writing prin- ciples : ( i ) Short sentences ; ( ii ) Definite, concrete, everyday words ; ( iii ) Active voice ; ( iv ) Tabular presentation or bullet lists for complex material, whenever possible ; ( v ) No legal jargon or highly technical business terms ; and ( vi ) No multiple negatives.\n\n( 3 ) In designing these sections or other sections of the prospectus, you may include pictures, logos, charts, graphs, or other design elements so long as the design is not misleading and the required information is clear. You are encouraged to use tables, schedules, charts and graphic illustrations of the results of operations, balance sheet, or other financial data that present the data in an understandable manner. Any presentation must be consistent with the financial statements and non-financial information in the prospectus. You must draw the graphs and charts to scale. Any information you provide must not be misleading","date_sent_to_company":"2023-12-19T04:12:56.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"231XX","tags":null,"has_narrative":true,"complaint_id":"8022971","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-19T03:56:29.000Z","state":"VA","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 ) <em>Model</em> privacy form. Pursuant to 313.2 ( a ) of this part, a <em>model</em> privacy form that meets the notice content requirements of this section is included in appendix A of this part.\n\n[ 65 FR 33677, XX/XX/XXXX, as amended at 74 FR 62966, XXXX XXXX XXXX ] ( d ) ( 1 ) To enhance the readability of the prospectus, you must use plain English principles in the organization, language, and design of the front and back cover pages, the summary, and the risk <em>factors</em> section."]},"sort":[5.8180523,"8022971"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":11,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":11}]}},"product":{"doc_count":11,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit 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