{"took":215,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":35,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"7157601","_score":27.971468,"_source":{"product":"Debt collection","complaint_what_happened":"I have fallen under the FDCPA, FCRA, and Regulation V obligations that Portfolio Recovery Associates , LLC has criminally failed to adhere to. \nThey took or threatened to take negative or legal action against me. \nPortfolio Recovery Associates Continues to make monthly negative reporting on my 3 Bureau reports thus poisoning my credit scores for a few years now. They have made false or misleading representations concerning the debt, and continue to attempt to collect on debt that was outside the statute of limitations and was time-barred debt without making required disclosures during their process. \nThey have Violated : I. New Mexico Debt Collections Laws a. Statute of Limitations NMSA 1978 37-1-1 et seq. governs New Mexicos statute of limitations for the collection of open accounts, written contracts, and judgments entered by the Court. In New Mexico, the statute of limitations for open accounts is four years, while the statute of limitations for written contracts is six years. In New Mexico, if a creditor can provide a signed credit card agreement, the SIX YEAR statute of limitations applies. The cause of action accrues on the last item therein, which can either be the last payment made on the account or the last statement sent to the debtor. Once entered, a judgment is enforceable in New Mexico for fourteen years and can not be renewed.","date_sent_to_company":"2023-06-24T01:10:50.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"874XX","tags":null,"has_narrative":true,"complaint_id":"7157601","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2023-06-24T00:43:10.000Z","state":"NM","company_public_response":null,"sub_issue":"Threatened or suggested your credit would be damaged"},"highlight":{"complaint_what_happened":["<em>Statute</em> of <em>Limitations</em> NMSA 1978 37-1-1 et seq. governs New Mexicos <em>statute</em> of <em>limitations</em> for the collection of open accounts, written contracts, and judgments entered by the Court. In New Mexico, the <em>statute</em> of <em>limitations</em> for open accounts is four years, while the <em>statute</em> of <em>limitations</em> for written contracts is six years. In New Mexico, if a creditor can provide a <em>signed</em> <em>credit</em> <em>card</em> agreement, the SIX <em>YEAR</em> <em>statute</em> of <em>limitations</em> <em>applies</em>."],"sub_product":["<em>Credit</em> <em>card</em> debt"],"sub_issue":["Threatened or suggested your <em>credit</em> would be damaged"]},"sort":[27.971468,"7157601"]},{"_index":"complaint-public-v1","_id":"10317798","_score":25.93423,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/year>, Portfolio Recovery Associates sued me for a time barred debt in the amount of {$2700.00}. I paid my debt years ago, however, it's been so long that I no longer have those records. In Arizona the statute of limitations is 6 years to collect on a debt like this. \n\n\" XXXX. Contract in writing for debt ; six year limitation ; choice of law A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following : 1. A contract in writing that is executed in this state.\n\n2. A credit card as defined in section 13-2101, paragraph 3, subdivision ( a ). \n\nB. If there is a conflict between another jurisdiction and this state relating to the statute of limitations for a debt action as described in subsection A of this section, this section applies. \n\nI fervently believe that this is an illegal, fraudulent and deceptive attempt to defraud a senior citizen! \n\nPRA has never ONCE attempted to contact me in those 6 years! I demand proof, signed by me, of contact regarding this issue. You, CFPB, fined PRA {$24.00} million LAST year for these same behaviors!\n\nPRA has been successfully sued by other victims for these same things! I will be doing the same!","date_sent_to_company":"2024-10-03T02:27:07.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Other debt","zip_code":"859XX","tags":"Older American","has_narrative":true,"complaint_id":"10317798","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Portfolio Recovery Associates, LLC","date_received":"2024-10-03T01:43:33.000Z","state":"AZ","company_public_response":null,"sub_issue":"Threatened to sue you for very old debt"},"highlight":{"complaint_what_happened":["A <em>credit</em> <em>card</em> as defined in section 13-2101, paragraph 3, subdivision ( a ). \n\nB. If there is a conflict between another jurisdiction and this state relating to the <em>statute</em> of <em>limitations</em> for a debt action as described in subsection A of this section, this section <em>applies</em>. \n\nI fervently believe that this is an illegal, fraudulent and deceptive attempt to defraud a senior citizen! \n\nPRA has never ONCE attempted to contact me in those 6 years!"]},"sort":[25.93423,"10317798"]},{"_index":"complaint-public-v1","_id":"2824868","_score":15.154563,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX I went to Wells Fargo Bank to open a auto loan account so I could transfer my auto loan from my credit union to a local bank.The banker pressured me that I should open up a checking account, savings account, credit card account, and even apply for a mortgage because my credit score was solid. I told the banker more than once I didn't need a credit card or a mortgage but I was interested in a checking and savings. He continued to insist that I apply for a credit card over and over again. At this time I was unaware of the scams, fraud, and illegal actions Wells Fargo had conducted on their customers. I agreed to the credit card. The credit card was also opened on this date. Within a year I fell on hard times and my credit card was closed. When the account was still opened I contacted Wells Fargo several times trying to work out a payment arrangements. They were rude and unwilling to negotiate. What they wanted was a monthly payment that would have came close to 1,000 a month. I couldn't afford that as a single person, so the legal services department who I spoke with told me \" wait and let it go to collections and they will work with you. \nNow, on XX/XX/XXXX, I receive a Writ of summons in the mail telling me I need to appear in court on XX/XX/XXXX for a money judgement for the credit card in the amount of {$6600.00}. I now question if this credit card was legitimate from the beginning for the following reasons. First, the papers within the court documents show the store copy of the credit card account with my signature. Yet, the only thing I electronically signed for was the checking and savings account or so I thought according to the banker. In the bottom corner it states an agreement would be mailed to the customer. I never received anything in the mail with my copy. Again, I never received any papers in the mail for the credit card with my signature on it. I can verify that I have a copy of paperwork with my signature on it for the checking and savings, however I have no copy in my possession with the credit card account number on it with my signature. In fact, I never even received a contract even though these papers appear in the court document ; that I allegedly breached my contract. How can I breach something that I never had in the first place? I have retained evidence of every single paper I was given from that date of XX/XX/XXXX even the exact paper that the credit card itself came on when it was sent in the mail. On XX/XX/XXXX I called legal services at XXXX eastern standard time. I have call records to prove it. The lady told me \" I could make an initial payment with them and then make arrangements with the the debt collector to make recurring monthly payments, or I could also make the initial payment with them ''. Typically, when a debt collector collects a debt the debt is written off from the bank for a profit. Therefore, they are attempting to collect on a debt that they should no longer have anyway. This would be a scam if I would have freely made a payment with the legal services department. I question the legitimacy of this as well. Did XXXX XXXX XXXX XXXX really buy the debt? If they did Wells Fargo is running a scam. I do not believe I owe Wells Fargo any money because I do not believe the account was opened legally. I believe the only reason XXXX XXXX XXXX XXXX placed a complaint is because the statute of limitations to sue is coming to a close very soon. The credit card was closed XX/XX/XXXX. Now suddenly 3 years later they have decided to file a lawsuit? I will soon get rid of banking with Wells Fargo entirely. They are the worst bank I have ever encountered.","date_sent_to_company":"2018-02-24T21:50:30.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"21703","tags":null,"has_narrative":true,"complaint_id":"2824868","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2018-02-24T21:50:28.000Z","state":"MD","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Threatened to sue you for very old debt"},"highlight":{"complaint_what_happened":["He continued to insist that I <em>apply</em> for a <em>credit</em> <em>card</em> over and over again. At this time I was unaware of the scams, fraud, and illegal actions Wells Fargo had conducted on their customers. I agreed to the <em>credit</em> <em>card</em>. The <em>credit</em> <em>card</em> was also opened on this date. Within a <em>year</em> I fell on hard times and my <em>credit</em> <em>card</em> was closed. When the account was still opened I contacted Wells Fargo several times trying to work out a payment arrangements. They were rude and unwilling to negotiate."],"sub_product":["<em>Credit</em> <em>card</em> debt"]},"sort":[15.154563,"2824868"]},{"_index":"complaint-public-v1","_id":"2824808","_score":15.154563,"_source":{"product":"Debt collection","complaint_what_happened":"On XX/XX/XXXX I went to XXXX XXXX XXXX  to open a auto loan account so I could transfer my auto loan from my credit union to a local bank.The banker pressured me that I should open up a checking account, savings account, credit card account, and even apply for a mortgage because my credit score was solid. I told the banker more than once I didn't need a credit card or a mortgage but I was interested in a checking and savings. He continued to insist that I apply for a credit card over and over again. At this time I was unaware of the scams, fraud, and illegal actions XXXX XXXX had conducted on their customers. I agreed to the credit card. The credit card was also opened on this date. Within a year I fell on hard times and my credit card was closed. When the account was still opened I contacted XXXX XXXX several times trying to work out a payment arrangements. They were rude and unwilling to negotiate. What they wanted was a monthly payment that would have came close to 1,000 a month. I couldn't afford that as a single person, so the legal services department who I spoke with told me \" wait and let it go to collections and they will work with you. \nNow, on XX/XX/XXXX, I receive a Writ of summons in the mail telling me I need to appear in court on XX/XX/XXXX for a money judgement for the credit card in the amount of {$6600.00}. I now question if this credit card was legitimate from the beginning for the following reasons. First, the papers within the court documents show the store copy of the credit card account with my signature. Yet, the only thing I electronically signed for was the checking and savings account or so I thought according to the banker. In the bottom corner it states an agreement would be mailed to the customer. I never received anything in the mail with my copy. Again, I never received any papers in the mail for the credit card with my signature on it. I can verify that I have a copy of paperwork with my signature on it for the checking and savings, however I have no copy in my possession with the credit card account number on it with my signature. In fact, I never even received a contract even though these papers appear in the court document ; that I allegedly breached my contract. How can I breach something that I never had in the first place? I have retained evidence of every single paper I was given from that date of XX/XX/XXXX even the exact paper that the credit card itself came on when it was sent in the mail. On XX/XX/XXXX I called legal services at XXXX eastern standard time. I have call records to prove it. The lady told me \" I could make an initial payment with them and then make arrangements with the the debt collector to make recurring monthly payments, or I could also make the initial payment with them ''. Typically, when a debt collector collects a debt the debt is written off from the bank for a profit. Therefore, they are attempting to collect on a debt that they should no longer have anyway. This would be a scam if I would have freely made a payment with the legal services department. I question the legitimacy of this as well. Did Brock & Scott Firm really buy the debt? If they did XXXX XXXX is running a scam. I do not believe I owe XXXX XXXX any money because I do not believe the account was opened legally. I believe the only reason Brock & Scott Firm placed a complaint is because the statute of limitations to sue is coming to a close very soon. The credit card was closed XX/XX/XXXX. Now suddenly 3 years later they have decided to file a lawsuit? I will soon get rid of banking with XXXX XXXX entirely. They are the worst bank I have ever encountered.","date_sent_to_company":"2018-02-24T21:50:24.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Credit card debt","zip_code":"21703","tags":null,"has_narrative":true,"complaint_id":"2824808","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Brock & Scott, PLLC","date_received":"2018-02-24T19:54:28.000Z","state":"MD","company_public_response":null,"sub_issue":"Threatened to sue you for very old debt"},"highlight":{"complaint_what_happened":["He continued to insist that I <em>apply</em> for a <em>credit</em> <em>card</em> over and over again. At this time I was unaware of the scams, fraud, and illegal actions XXXX XXXX had conducted on their customers. I agreed to the <em>credit</em> <em>card</em>. The <em>credit</em> <em>card</em> was also opened on this date. Within a <em>year</em> I fell on hard times and my <em>credit</em> <em>card</em> was closed. When the account was still opened I contacted XXXX XXXX several times trying to work out a payment arrangements. They were rude and unwilling to negotiate."],"sub_product":["<em>Credit</em> <em>card</em> debt"]},"sort":[15.154563,"2824808"]},{"_index":"complaint-public-v1","_id":"8176996","_score":12.7703285,"_source":{"product":"Debt collection","complaint_what_happened":"To : FRANKLIN COLLECTION SERVICE INC XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX. \nwww.franklinservice.com. \nEmail : XXXX  Cc : Employee XXXX XXXXXXXXSimulated Voice ) Who Called From XXXX  at XX/XX/XXXX ( Phone Records to Verify By Way Of Screen-Shot ) Another call by ( XX/XX/XXXX-Simulated Voice ) on or about XX/XX/XXXX to cell number XXXX, belonging to XX/XX/XXXX \n\nFrom : XX/XX/XXXXTo Whom It May Concern, First and foremost, XX/XX/XXXXdenies any and all claims as it pertains to a debt owed to Franklin Collection Service Inc. and/or its principle that Franklin alleges to represent concerning this matter.\n\nBy sending Franklin Collection Services Inc. this correspondence, XX/XX/XXXXis in compliance with FDCPA [ Fair Debt Collection Practices Act ], FCRA [ Fair Credit Reporting Act ] and TCPA [ Telephone Consumer Protection Act ]. This letter does not constitute XX/XX/XXXXacknowledging a debt owed, nor reinstates statute of limitations. This correspondence does put Franklin Collection Services Inc. on notice to cease and desist all communications in compliance with aforementioned laws stated within this paragraph.\n\nPreliminary Statement : Fair Debt Collections Practice Act As amended by Public Law 111-203, title X, 124 Stat. 2092 ( 2010 ) The Fair Debt Collection Practices Act ( FDCPA ) ( 15 USC 1692 et seq. ), which became effective in XX/XX/XXXX, was designed to eliminate abusive, deceptive, and unfair debt collection practices. It also protects reputable debt collectors from unfair competition and encourages consistent state action to protect consumers The FDCPA applies only to the collection of debt incurred by a consumer primarily for personal, family, or household purposes. It does not apply to the collection of corporate debt or debt owed for business or agricultural purposes. \n\nThe FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution or uses some name other than its own when collecting its own consumer debts. \n\nA debt collector may not communicate with a consumer at any unusual time ( generally before XXXX XX/XX/XXXX or afterXX/XX/XXXX in the consumers time zone ) or at any place that is inconvenient to the consumer, unless the consumer or a court of competent jurisdiction has given permission for such contacts.\n\nFor communications with a consumer or third party in connection with the collection of a debt, the term consumer is defined to include the borrowers spouse, parent ( if the borrower is a minor ), guardian, executor, or administrator. If, within the thirty-day period, the consumer disputes in writing any portion of the debt or requests the name and address of the original creditor, the collector must stop all collection efforts until he or she mails the consumer a copy of a judgment or verification of the debt, or the name and address of the original creditor, as applicable.\n\nThe Federal Trade Commission ( FTC ) is the primary enforcement agency for the FDCPA.\n\nAction against debt collectors for violations of the FDCPA may be brought in any appropriate U.S. district court or other court of competent jurisdiction. The consumer has XX/XX/XXXXyear from the date on which the violation occurred to start such an action.\n\nThe FDCPA preempts state law only to the extent that a state law is inconsistent with the FDCPA. A state law that is more protective of the consumer is not considered inconsistent with the FDCPA.\n\nA debt collector who fails to comply with any provision of the FDCPA is liable for Any actual damages sustained as a result of that failure Punitive damages as allowed by the court : In an individual action, up to {$1000.00} In a class action, up to {$1000.00} for each named plaintiff and an award to be divided among all members of the class of an amount up to {$500000.00} or XXXX percent of the debt collectors net worth, whichever is less Costs and a reasonable attorneys fee in any such action In determining punitive damages, the court must consider the nature, frequency, and persistency of the violations and the extent to which they were intentional. In a class action, the court must also consider the resources of the debt collector and the number of persons adversely affected.\n\nPlease answer and verify the following questions as it pertains to why Franklin Collection Services Inc. is contacting XXXX for an alleged debt owed that XXXX denies in general all and any outstanding claims. \n\n1. Please provide verified ( 15 U.S.C. 1681 et seq, 1692g ), not validated, documentation signed by XXXX on the front and back of any and all documents you may have in your possession that XXXX contracted with you concerning a debt owed. Verified means your organization and/or your principle is in compliance with GAAP or General Accepted Accounting Principle that all business must follow so that they are in compliance with Internal Revenue Service Laws et. Seq.\n\n2. Please provide verified, not validated, documentation signed by XXXX of how Franklin Collection Services Inc. calculated the amount outstanding. Example, interest charged, principal amount, default amount etc.\n\n3. Please provide verified, not validated, documentation that you are Holder-in-due Course and that it was signed by XXXX. \n\n4. Please provide verified, not validated, documentation of the chain of title, indicating XXXX signature concerning an alleged debt owed.\n\n5. Please explain for verification, not validation purposes, all account numbers indicated on any and all correspondence that your organization may send XXXX as it pertains to an alleged debt owed. \n\n6. Franklin Collection Services Inc. is in compliance with FDCPA and FCRA by having in its possession the original signed effective agreement indicating XXXX signature that is expressly authorized by the agreement ( listing terms and conditions ) creating the debt or by state law. \n\n7. Franklin Collection Services Inc. is partially in compliance with FDCPA and FCRA.\n\n8. Franklin Collection Services Inc. is not in compliance with FDCPA, FCRA and TCPA for failing to have in its possession the original signed effective agreement indicating XXXX signature, the terms and conditions, that is expressly authorized by the agreement creating the debt or by state law. \n\n9. XXXX is aware that the debt collection industry is aXX/XX/XXXX industry that makes profits off of submitting robo-signed documentation and account stated actions without including the original signed effective agreement indicating the terms and conditions. In other words, Franklin and many others hope the least sophisticated consumer never responds within the time allotted by law ( waivers rights ) in hopes of achieving a default. And it is questionable whether courts reprimand such actions by debt collectors. See XX/XX/XXXX ), The total number of collection suits from XXXX to XXXXthe Georgia Collection suits topped XXXX. According to the Bureau, most cases ended in a default judgment or settlement. ( See CFPB at XX/XX/XXXX( Respondents, through their internal and external attorneys, filed more than XXXX collection lawsuits against consumers across the country ) 10. Please provide verified, not validated, documentation signed by XXXX indicating who funded the note in accordance with GAAP concerning an alleged debt owed to Franklin Collection Services Inc ( Agent ) who is representing its principle.\n\n11. Franklin Collection Services Inc. is in compliance with statute of limitations as it pertains to an alleged debt owed by XXXX that authorizes Franklin to pursue, as well as, report an outstanding debt to all three consumer reporting agencies in compliance with FDCPA and FCRA.\n\n12. Franklin Collection Services Inc. is not in compliance with statute of limitations as it pertains to an alleged debt owed by XXXX and is barred to pursue and to report an outstanding debt to all three consumer reporting agencies for being in non- compliance with FDCPA and FCRA .\n\nFair Credit Reporting Act : The Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., Public law : 91-508 The Fair Credit Reporting act is federal legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. Originally published : XX/XX/XXXX Enacted by : the 91st United States Congress. Other short titles : Consumer Credit Protection Act Amendment ; Consumer Credit Reporting ; Credit Reporting Agencies.\n\nThe 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\n1. Please provide verified, not validated, documentation signed by XXXX on the front and back of any and all documents ( original signed effective agreement ) you may have in your possession listing the terms and conditions that authorizes your organization and/or your principle to report any information ( esp. adverse in nature ) to the consumer reporting agencies in compliance with FCRA that XXXX owes an alleged debt that is in collection status. \n\n2. Franklin Collection Services Inc. is always in compliance with FCRA.\n\n3. Franklin Collection Services Inc. is not in compliance with FCRA.\n\n4. Franklin Collection Services will explain why is has received XXXX complaints filed with the Better Business Bureau in which XXXX were resolved to consumer satisfaction. \n\n5. Franklin Collection Services Inc. will explain why the CFPB has recorded XXXX complaints over a XXXX year period. \n\n6. Before Franklin Collection Services Inc. reports anything to the consumer reporting agencies, they can verify how they calculated the amount, calculated the interest, disclose the principal and default amount in compliance with FCRA and FDCPA along with terms and conditions.\n\n7. Franklin Collection Services Inc. is in compliance with statute of limitations as it pertains to an alleged debt owed by XXXX that authorizes Franklin to report an outstanding debt to all three consumer reporting agencies in compliance with FCRA.\n\n8. Franklin Collection Services Inc. is not in compliance with statute of limitations as it pertains to an alleged debt owed by XXXX and therefore can not report any adverse information to all three consumer reporting agencies in compliance with FCRA.\n\nTelephone Consumer Protection Act : The Telephone Consumer Protection Act of 1991 ; Public Law 102-243, The Telephone Consumer Protection Act was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. 227. \n\nIn an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act ( TCPA ). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages.\n\nDo not call anyone listed in the National Do Not Call Registry.\n\nResidences may not be called before XX/XX/XXXX or after XX/XX/XXXX in that residence time zone.\n\nDo not deliver artificial voice calls or recordings to residences without prior express written consent.\n\nDo not use autodialers, recordings, or simulated voices to make calls to mobile phones or other recipients where the receiver pays for the call itself.\n\nIt is prohibited to make calls using an automatic telephone dialing system ( ATDS ) to : o Any emergency telephone line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency, o To the telephone line of any guest room or patient room of a hospital, o health care facility, elderly home, or similar establishment ; or o To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.\n\nIt is prohibited to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the Commission under paragraph ( 2 ) ( B ) of Telephone Consumer Protection Act 47 U.S.C. 227 ; It is prohibited to : o ( C ) to use any telephone facsimile machine, computer, or other devices to send, to a telephone facsimile machine, an unsolicited advertisement to a telephone facsimile machine, unless the unsolicited advertisement is from a sender with an established business relationship with the recipient or the sender obtained the number of the telephone facsimile machine through the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or through a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution, o Except in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before XX/XX/XXXX, if the sender possessed the facsimile machine number of the recipient before such date of enactment.\n\n1. Please provide verified, not validated, documentation signed by XXXX on the front and back of any and all documents ( original signed effective agreement ) you may have in your possession listing the terms and conditions in compliance with TCPA that authorizes your organization and/or your principle to contact XXXX on his cellular device for the purposes of collecting a debt in which XXXX pays for mobile service. \n\n2. Franklin Collection Services Inc. contacted XXXX on his cellular device in compliance with TCPA on XX/XX/XXXX at approximately XXXX and onXX/XX/XXXX \n\n3. Franklin Collection Services Inc. contacted XXXX on his cellular device in non-compliance of TCPA onXX/XX/XXXX at approximately XXXX and on XX/XX/XXXX. \n\n4. Franklin Collection Services Inc. contacted XXXX on his cellular device and left an artificial/simulated voice or robo-recording in non-compliance of TCPA onXX/XX/XXXX andXX/XX/XXXXin their attempts to collect an alleged debt from XXXX. See Screen Shot.\n\n5. Franklin Collection Services Inc. has never tried to contact XXXX on his cellular device for the purposes of collecting an alleged debt owed by XXXX, therefore never violating TCPA. \n\nCc : Office of The Attorney General Attn : XXXX XXXX Consumer Protection Division XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX , TX XXXX In Proper Person all rights reserved UCC1.308","date_sent_to_company":"2024-01-18T23:40:11.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"77077","tags":null,"has_narrative":true,"complaint_id":"8176996","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Franklin Collection Service, Inc.","date_received":"2024-01-18T23:03:32.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["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 <em>Credit</em> Transactions Act and the <em>Credit</em> <em>CARD</em> Act, but the Commission retains all its enforcement authority.\n\n1."]},"sort":[12.7703285,"8176996"]},{"_index":"complaint-public-v1","_id":"4741312","_score":10.80294,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I started off speaking with XXXX XXXX XXXX XXXX XXXX XXXX XXXX about my apartment I had with them back in XXXX. \n\nWhen signing the manager on site was aware that by the end of XXXX I would be relocated and they agreed to make an exception. This is also why there is no paper work stating I agreed to anything with my signature. I also reminded them month after month. So I moved in XXXX. I also closed all of my XXXX binded agreements in XXXX as well which would have been linked to the contract. XXXX XXXX XXXX. I didnt receive a disconnection service termination early either. \n\nSo I spoke to to XXXX XXXX and they directed me to contact XXXX. \n\nshe first stated I lived there until XXXX and that I was not paying rent. That I never returned my keys which I did in XXXX. If they switched managers that could have been the issue. They have had like 6-7 since then. \n\nThey have me confused with someone else. They couldnt even give me paperwork that I had signed. \n\nThen she proceeded to say that they tried to reach me but I had vacated the home? They had my email, cell phone number, and home number to contact me and no one did. Not even anyone from XXXX XXXX because they were aware of the agreement. \n\nShe also stated that I didnt turn my keys in until XXXX which was a lie I turned them in in XXXX when I left. When I left I had the place cleaned wiped down and looking better than I had went in there. It smelled like mold, carpet was dirty and smoke was a strong smell. They never painted or cleaned it like they were supposed to but I told them to find me a different one an they had nothing available. \n\n\nI also told her that the manager at the time told me I was fine and could drop keys and just go. Which is why no one from there reached out to me for even a whole 2 calendar years. \n\nI also even paid rent through the month of XX/XX/XXXX even though I wasnt aware. That was the last month rent was taken from my account. It was supposed to be through XXXX. \n\nI never heard from them at XXXX or XXXX XXXX XXXX  I literally didnt know this was an issue until XX/XX/XXXX. Thats when I reached out asking why. \n\nWhy would they wait until XX/XX/XXXX to bring this up? \n\nThe lady are pro collect was very rude and telling me I couldnt dispute it because they have and filed paper work. I told her I never received a bill or call from them ever stating I owed them money. They also had their keys end of XXXX into XXXX. She said I was going to pay it. They couldnt even verify the debt they sent some made up paper with my name and address on it. You could see where they illegally put it on the paper work from something else there are print lines. \n\nThere are so many lies between the collection company and XXXX XXXX I dont how this is even possible. My rent was on auto pay and stopped. \n\na ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.\n\n( 2 ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. \n( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years. \n( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. \n( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. \n( 6 ) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless ( A ) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or ( B ) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance. \n( 7 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a veterans medical debt if the date on which the hospital care, medical services, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a veterans medical debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act. \n( 8 ) With respect to a consumer reporting agency described in section 1681a ( p ) of this title, any information related to a fully paid or settled veterans medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a veterans medical debt and the consumer reporting agency is in compliance with its obligation under section 302 ( c ) ( 5 ) of the Economic Growth, Regulatory Relief, and Consumer Protection Act. \n( b ) Exempted cases The provisions of paragraphs ( 1 ) through ( 5 ) of subsection ( a ) are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. \n( c ) Running of reporting period ( 1 ) In general The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.\n\n( 2 ) Effective date Paragraph ( 1 ) shall apply only to items of information added to the file of a consumer on or after the date that is 455 days after XX/XX/XXXX. \n\n( d ) Information required to be disclosed ( 1 ) Title 11 information Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11 shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11 is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.\n\n( 2 ) Key factor in credit score information Any consumer reporting agency that furnishes a consumer report that contains any credit score or any other risk score or predictor on any consumer shall include in the report a clear and conspicuous statement that a key factor ( as defined in section 1681g ( f ) ( 2 ) ( B ) of this title ) that adversely affected such score or predictor was the number of enquiries, if such a predictor was in fact a key factor that adversely affected such score. This paragraph shall not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, but only to the extent that such company is engaged in such activities.\n\n( e ) Indication of closure of account by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 4 ) of this title that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.\n\n( f ) Indication of dispute by consumer If a consumer reporting agency is notified pursuant to section 1681s2 ( a ) ( 3 ) of this title that information regarding a consumer who [ 1 ] was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.\n\n( g ) Truncation of credit card and debit card numbers ( 1 ) In general Except as otherwise provided in this subsection, no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.\n\n( 2 ) Limitation This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card. \n\n( XXXX ) Effective date This subsection shall become effective ( A ) 3 years after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before XX/XX/XXXX ; and ( B ) 1 year after XX/XX/XXXX, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after XX/XX/XXXX. \n( h ) Notice of discrepancy in address ( 1 ) In general If a person has requested a consumer report relating to a consumer from a consumer reporting agency described in section 1681a ( p ) of this title, the request includes an address for the consumer that substantially differs from the addresses in the file of the consumer, and the agency provides a consumer report in response to the request, the consumer reporting agency shall notify the requester of the existence of the discrepancy.\n\n( 2 ) Regulations ( A ) Regulations required The Bureau shall,, [ 2 ]\nin consultation with the Federal banking agencies, the National Credit Union Administration, and the Federal Trade Commission,, [ 2 ] prescribe regulations providing guidance regarding reasonable policies and procedures that a user of a consumer report should employ when such user has received a notice of discrepancy under paragraph ( 1 ).\n\n( B ) Policies and procedures to be included The regulations prescribed under subparagraph ( A ) shall describe reasonable policies and procedures for use by a user of a consumer report ( i ) to form a reasonable belief that the user knows the identity of the person to whom the consumer report pertains; and ( ii ) if the user establishes a continuing relationship with the consumer, and the user regularly and in the ordinary course of business furnishes information to the consumer reporting agency from which the notice of discrepancy pertaining to the consumer was obtained, to reconcile the address of the consumer with the consumer reporting agency by furnishing such address to such consumer reporting agency as part of information regularly furnished by the user for the period in which the relationship is established.","date_sent_to_company":"2021-09-21T05:12:51.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"44601","tags":null,"has_narrative":true,"complaint_id":"4741312","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ProCollect, Inc.","date_received":"2021-09-21T04:52:48.000Z","state":"OH","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":["( 2 ) <em>Limitation</em> This subsection shall <em>apply</em> only to receipts that are electronically printed, and shall not <em>apply</em> to transactions in which the sole means of recording a <em>credit</em> <em>card</em> or debit <em>card</em> account number is by handwriting or by an imprint or copy of the <em>card</em>."],"product":["<em>Credit</em> reporting, <em>credit</em> repair services, or other personal consumer reports"],"issue":["Problem with a <em>credit</em> reporting company's investigation into an existing problem"],"sub_product":["<em>Credit</em> reporting"]},"sort":[10.80294,"4741312"]},{"_index":"complaint-public-v1","_id":"8760901","_score":9.625467,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear all companies involved my name is XXXX XXXX I have disputed this fraud credit account account with XXXX  XXXX l.i filed multiple identity theft claiming this account is fraud with the FTC. These negative reporting on my credit is hurting my life financially and progressively as well Iam a federally protected consumer and my rights are in violation also all credit bureaus and companies named are in violations of the fair cares act law its been more than 8 months i ask for credit bureaus to delete and remove negative account listed below XXXX XXXX XXXX XXXX Equifax Account # : XXXX XXXX Account Type : Revolving Revolving Account Type - Detail : Credit Card Credit Card Bureau Code : Individual Individual Account Status : Closed Closed Monthly Payment : {$83.00} {$83.00} Date Opened : XX/XX/XXXX XX/XX/XXXX Balance : {$2200.00} {$2200.00} No. of Months ( terms ) : XXXX XXXX High Credit : {$3000.00} {$1000.00} Credit Limit : {$1000.00} {$0.00} Past Due : {$140.00} {$140.00} Payment Status : Late 60 Days Late 60 Days Last Reported : XX/XX/XXXX XX/XX/XXXX Comments : Dispute resolved; reported by grantor Accounts closed by credit grantor Credit card Date Last Active : XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX nt ] [ Print selection ] [ XXXX XXXX ] Help 15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX From Title 15-COMMERCE AND TRADE CHAPTER 41-CONSUMER CREDIT PROTECTION SUBCHAPTER III-CREDIT REPORTING AGENCIES Jump To : Source Credit Prior Provisions Effective Date XXXX. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. \n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. \n( 2 ) Duty to correct and update information A person who- ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. \n( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. \n( 5 ) Duty to provide notice of delinquency of accounts A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. \n( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall- ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; and ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. \n( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. \n( c ) Limitation on liability Sections 1681n and 1681o of this title do not apply to any failure to comply with subsection ( a ) of this section, except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title. \n( d ) Limitation on enforcement Subsection ( a ) of this section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials and the State officials identified in that section. \n( Pub. L. XXXX, title VI, XXXX, as added Pub. L. XXXX, XXXX. A, title XXXX, XXXX ( a ) ( XXXX ), XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) # XXXX - 15 USC 1681 I ( 7 ) - METHOD OF VERIFICATION IF YOU USE THE FIRST XXXX LAWS AND YOUR DISPUTES COME BACK AS ACCURATE, YOU CAN USE THIS LAW TO DEMAND PROOF OF THE INVESTIGATION THAT TOOK PLACE TO VERIFY THE ITEMS IF THEY CREDIT REPORTING AGENCIES CAN NOT PROVIDE IT, THEY MUST DELETE THE ITEMS FROM YOUR REPORT # XXXX - 15 USC 1681B - PERMISSIBLE PURPOSE YOU CAN USE THIS LAW TO CHALLENGE CREDIT REPORTING AGENCIES TO SHOW WHERE YOU PROVIDED WRITTEN PERMISSION FOR A NEGATIVE ITEM TO BE ON YOUR CREDIT REPORT. IF THEY CAN'T PROVIDE IT, YOU CAN LEVERAGE THIS LAW TO HAVE IT DELETED Law 15 U.S.C. 1681-1681x 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\nXXXX. Fraudulent Presentment and Related Unauthorized Credit Card Transactions Made by Access Device18 U.S.C. 1029 ( a ) ( 7 ) This provision became effective XX/XX/XXXX, as part of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. XXXX, XXXX, XXXX XXXX. XXXX. The basis for Subsection ( a ) ( 7 ) of 18 U.S.C. 1029 arises from the various ways that the major credit card issuers treat in-person and telemarketing transactions. Transactions in-person, those in which the customer physically presents a credit card to a merchant for payment for goods or services, requires the customer to sign a credit card draft. In turn, the merchant 's bank or the credit card issuer treats these signed transaction slips in much the same way that checks would be treated. The merchant is credited with the value of the transaction at the time of deposit or submission for payment, and the merchant is charged a small fee for each transaction. Conversely, telemarketing transactions, i.e., transactions made via a telecommunication system, do not require a customer signature and, therefore, are more carefully scrutinized by the credit card systems. Consequently, the telemarketer is charged a substantially higher fee for processing the transactions. \n\nTelemarketers often launder credit card transactions through merchants, a practice which both systems rules expressly prohibit. Fraudulent telemarketers generally are unable to obtain merchant accounts from card issuers through which they can receive cash. To obtain money on the credit card numbers they obtain through their fraudulent telemarketing schemes, they find legitimate merchants who have merchant accounts with the credit card issuers and are willing, for a small percentage of the \" sale '' amount, to create a fake credit card sales draft, i.e., a counterfeit ( fake ) access device, and submit it through the merchant account to the credit card issuer for payment. Prior to the enactment of Subsection ( a ) ( XXXX ) to 18 U.S.C. 1029, which expressly addresses this practice known as \" factoring, '' the fraudulent, i.e., fake ( counterfeit ), credit card sales drafts practice was prosecuted successfully under 18 U.S.C. 1029 ( a ) ( 1 ) ( \" knowingly and with intent to defraud produc [ ing ], us [ ing ], or traffic [ king ] in one or more counterfeit [ fake ] access devices '' ), 18 U.S.C. 371 or 1029 ( b ) ( 2 ) ( conspiracy ), 18 U.S.C. 1344 ( bank fraud ) if a XXXX merchant account ; 18 U.S.C. 1341 ( mail fraud ) if the United States Postal Service was used to execute the fraud on the credit card issuer ; or 18 U.S.C. 1343 ( wire fraud ) if interstate wiring was the means of executing the scheme to defraud. See United States v. XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) ( as counterfeit access device ), vacated in part on other grounds, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) ( en banc ), cert. denied, sub nom. XXXX XXXX United States, XXXX XXXX XXXX ( XXXX ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( bank fraud ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) ( mail fraud ), reh'g. and suggestion for reh'g. en banc denied ( XXXX ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( mail fraud ) ; United States v. XXXX, XXXX XXXX XXXX ( XXXX XXXX. ) ( wire fraud ), cert. denied, sub nom. XXXXXXXX XXXX United States, XXXX XXXX XXXX ( XXXX ). For example, in XXXX the defendants were charged under the bank fraud statute with a large-scale scheme to obtain money by paying merchants for fraudulently processing counterfeit credit card transactions for numerous fraudulent telemarketers. The court specifically noted that while the defendant 's conduct clearly violated the bank fraud statute, the enactment of 18 U.S.C 1029 ( a ) ( 7 ) would now provide an explicit prohibition against this type of conduct. [ NOTE : For Federal jurisdiction, all 18 U.S.C. 1029 ( a ) ( 1 ) - ( 7 ) offenses must \" affect interstate or foreign commerce. '' ]","date_sent_to_company":"2024-04-12T22:53:00.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"11510","tags":null,"has_narrative":true,"complaint_id":"8760901","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-12T22:52:58.000Z","state":"NY","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Transactions in-person, those in which the customer physically presents a <em>credit</em> <em>card</em> to a merchant for payment for goods or services, requires the customer to <em>sign</em> a <em>credit</em> <em>card</em> draft. In turn, the merchant 's bank or the <em>credit</em> <em>card</em> issuer treats these <em>signed</em> transaction slips in much the same way that checks would be treated."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[9.625467,"8760901"]},{"_index":"complaint-public-v1","_id":"8760902","_score":9.622611,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear all companies involved my name is XXXX XXXX I have disputed this fraud credit account account with XXXX  XXXX l.i filed multiple identity theft claiming this account is fraud with the FTC. These negative reporting on my credit is hurting my life financially and progressively as well Iam a federally protected consumer and my rights are in violation also all credit bureaus and companies named are in violations of the fair cares act law its been more than 8 months i ask for credit bureaus to delete and remove negative account listed below XXXX XXXX TransUnion XXXX XXXX Account # : XXXX XXXX Account Type : Revolving Revolving Account Type - Detail : Credit Card Credit Card XXXX XXXX XXXX Individual Individual Account Status : Closed Closed Monthly Payment : {$83.00} {$83.00} Date Opened : XX/XX/XXXX XX/XX/XXXX Balance : {$2200.00} {$2200.00} No. of Months ( terms ) : XXXX XXXX High Credit : {$3000.00} {$1000.00} Credit Limit : {$1000.00} {$0.00} Past Due : {$140.00} {$140.00} Payment Status : Late 60 Days Late 60 Days Last Reported : XX/XX/XXXX XX/XX/XXXX Comments : Dispute resolved; reported by grantor Accounts closed by credit grantor Credit card Date Last Active : XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX nt ] [ Print selection ] [ XXXX XXXX ] Help 15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX From Title 15-COMMERCE AND TRADE CHAPTER 41-CONSUMER CREDIT PROTECTION SUBCHAPTER III-CREDIT REPORTING AGENCIES Jump To : Source Credit Prior Provisions Effective Date XXXX. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. \n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. \n( 2 ) Duty to correct and update information A person who- ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. \n( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. \n( 5 ) Duty to provide notice of delinquency of accounts A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. \n( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall- ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; and ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. \n( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. \n( c ) Limitation on liability Sections 1681n and 1681o of this title do not apply to any failure to comply with subsection ( a ) of this section, except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title. \n( d ) Limitation on enforcement Subsection ( a ) of this section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials and the State officials identified in that section. \n( Pub. XXXX XXXX, title VI, XXXX, as added Pub. XXXX XXXX, XXXX. A, title XXXX, XXXX ( a ) ( XXXX ), XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) # XXXX - 15 USC 1681 I ( 7 ) - METHOD OF VERIFICATION IF YOU USE THE FIRST XXXX LAWS AND YOUR DISPUTES COME BACK AS ACCURATE, YOU CAN USE THIS LAW TO DEMAND PROOF OF THE INVESTIGATION THAT TOOK PLACE TO VERIFY THE ITEMS IF THEY CREDIT REPORTING AGENCIES CAN NOT PROVIDE IT, THEY MUST DELETE THE ITEMS FROM YOUR REPORT # XXXX - 15 USC 1681B - PERMISSIBLE PURPOSE YOU CAN USE THIS LAW TO CHALLENGE CREDIT REPORTING AGENCIES TO SHOW WHERE YOU PROVIDED WRITTEN PERMISSION FOR A NEGATIVE ITEM TO BE ON YOUR CREDIT REPORT. IF THEY CAN'T PROVIDE IT, YOU CAN LEVERAGE THIS LAW TO HAVE IT DELETED Law 15 U.S.C. 1681-1681x 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\nXXXX. Fraudulent Presentment and Related Unauthorized Credit Card Transactions Made by Access Device18 U.S.C. 1029 ( a ) ( 7 ) This provision became effective September 13, 1994, as part of the Violent Crime Control and Law Enforcement Act of 1994, XXXX. XXXX XXXX. XXXX, XXXX, XXXX XXXX. XXXX. The basis for Subsection ( a ) ( XXXX ) of 18 U.S.C. 1029 arises from the various ways that the major credit card issuers treat in-person and telemarketing transactions. Transactions in-person, those in which the customer physically presents a credit card to a merchant for payment for goods or services, requires the customer to sign a credit card draft. In turn, the merchant 's bank or the credit card issuer treats these signed transaction slips in much the same way that checks would be treated. The merchant is credited with the value of the transaction at the time of deposit or submission for payment, and the merchant is charged a small fee for each transaction. Conversely, telemarketing transactions, i.e., transactions made via a telecommunication system, do not require a customer signature and, therefore, are more carefully scrutinized by the credit card systems. Consequently, the telemarketer is charged a substantially higher fee for processing the transactions. \n\nTelemarketers often launder credit card transactions through merchants, a practice which both systems rules expressly prohibit. Fraudulent telemarketers generally are unable to obtain merchant accounts from card issuers through which they can receive cash. To obtain money on the credit card numbers they obtain through their fraudulent telemarketing schemes, they find legitimate merchants who have merchant accounts with the credit card issuers and are willing, for a small percentage of the \" sale '' amount, to create a fake credit card sales draft, i.e., a counterfeit ( fake ) access device, and submit it through the merchant account to the credit card issuer for payment. Prior to the enactment of Subsection ( a ) ( 7 ) to 18 U.S.C. 1029, which expressly addresses this practice known as \" factoring, '' the fraudulent, i.e., fake ( counterfeit ), credit card sales drafts practice was prosecuted successfully under 18 U.S.C. 1029 ( a ) ( 1 ) ( \" knowingly and with intent to defraud produc [ ing ], us [ ing ], or traffic [ king ] in one or more counterfeit [ fake ] access devices '' ), 18 U.S.C. 371 or 1029 ( b ) ( 2 ) ( conspiracy ), 18 U.S.C. 1344 ( bank fraud ) if a XXXX merchant account ; 18 U.S.C. 1341 ( mail fraud ) if the United States Postal Service was used to execute the fraud on the credit card issuer ; or 18 U.S.C. 1343 ( wire fraud ) if interstate wiring was the means of executing the scheme to defraud. See United States XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( as counterfeit access device ), vacated in part on other grounds, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( en banc ), cert. denied, sub nom. XXXX XXXX United States, XXXX XXXX XXXX ( XXXX ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( bank fraud ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( mail fraud ), XXXX. and suggestion for XXXXXXXX XXXX XXXX denied ( XXXX ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( mail fraud ) ; United States v. XXXX, XXXX XXXX XXXX ( XXXX XXXX. ) ( wire fraud ), cert. denied, sub nom. XXXXXXXX XXXX United States, XXXX U.S. XXXX ( XXXX ). For example, in XXXX the defendants were charged under the bank fraud statute with a large-scale scheme to obtain money by paying merchants for fraudulently processing counterfeit credit card transactions for numerous fraudulent telemarketers. The court specifically noted that while the defendant 's conduct clearly violated the bank fraud statute, the enactment of 18 U.S.C 1029 ( a ) ( 7 ) would now provide an explicit prohibition against this type of conduct. [ NOTE : For Federal jurisdiction, all 18 U.S.C. 1029 ( a ) ( 1 ) - ( 7 ) offenses must \" affect interstate or foreign commerce. '' ]","date_sent_to_company":"2024-04-12T22:53:00.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"11510","tags":null,"has_narrative":true,"complaint_id":"8760902","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-04-12T22:52:58.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Transactions in-person, those in which the customer physically presents a <em>credit</em> <em>card</em> to a merchant for payment for goods or services, requires the customer to <em>sign</em> a <em>credit</em> <em>card</em> draft. In turn, the merchant 's bank or the <em>credit</em> <em>card</em> issuer treats these <em>signed</em> transaction slips in much the same way that checks would be treated."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[9.622611,"8760902"]},{"_index":"complaint-public-v1","_id":"8761081","_score":9.082293,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear all companies involved my name is XXXX XXXX I have disputed this fraud INQUIRIES I filed multiple identity theft claiming this account is fraud with the FTC. These negative reporting on my credit is hurting my life financially and progressively as well Iam a federally protected consumer and my rights are in violation also all credit bureaus and companies named are in violations of the fair cares act law its been more than 8 months i ask for credit bureaus to delete and remove negative INQUIRIES listed below Creditor Name Type of Business Date of inquiry Credit Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX H15 USC 1681 I ( 7 ) - METHOD OF VERIFICATION IF YOU USE THE FIRST TWO LAWS AND YOUR DISPUTES COME BACK AS ACCURATE, YOU CAN USE THIS LAW TO DEMAND PROOF OF THE INVESTIGATION THAT TOOK PLACE TO VERIFY THE ITEMS IF THEY CREDIT REPORTING AGENCIES CAN NOT PROVIDE IT, THEY MUST DELETE THE ITEMS FROM YOUR REPORT # XXXX - 15 USC 1681B - PERMISSIBLE PURPOSE YOU CAN USE THIS LAW TO CHALLENGE CREDIT REPORTING AGENCIES TO SHOW WHERE YOU PROVIDED WRITTEN PERMISSION FOR A NEGATIVE ITEM TO BE ON YOUR CREDIT REPORT. IF THEY CAN'T PROVIDE IT, YOU CAN LEVERAGE THIS LAW TO HAVE IT DELETED Law 15 U.S.C. 1681-1681x 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\n15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX From Title 15-COMMERCE AND TRADE CHAPTER 41-CONSUMER CREDIT PROTECTION SUBCHAPTER III-CREDIT REPORTING AGENCIES Jump To : Source Credit Prior Provisions Effective Date 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. \n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. \n( XXXX ) Duty to correct and update information A person who- ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. \n( XXXX ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. \n( XXXX ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. \n( XXXX ) Duty to provide notice of delinquency of accounts A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. \n( b ) Duties of furnishers of information upon notice of dispute ( XXXX ) In general After receiving notice pursuant to section XXXX ( a ) ( XXXX ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall- ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section XXXX ( a ) ( XXXX ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; and ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis.\n\n( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information.\n\n( c ) Limitation on liability Sections 1681n and 1681o of this title do not apply to any failure to comply with subsection ( a ) of this section, except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title.\n\n( d ) Limitation on enforcement Subsection ( a ) of this section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials and the State officials identified in that section. \n( Pub. L. 90321, title VI, 623, as added Pub. L. 104208, div. A, title II, 2413 ( a ) ( 2 ), Sept. 30, 1996, 110 Stat. 3009447. ) 1029. Fraudulent Presentment and Related Unauthorized Credit Card Transactions Made by Access Device18 U.S.C. 1029 ( a ) ( 7 ) This provision became effective XXXX XXXX XXXX  as part of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 250007, 108 Stat. 1796. The basis for Subsection ( a ) ( XXXX ) of 18 U.S.C. 1029 arises from the various ways that the major credit card issuers treat in-person and telemarketing transactions. Transactions in-person, those in which the customer physically presents a credit card to a merchant for payment for goods or services, requires the customer to sign a credit card draft. In turn, the merchant 's bank or the credit card issuer treats these signed transaction slips in much the same way that checks would be treated. The merchant is credited with the value of the transaction at the time of deposit or submission for payment, and the merchant is charged a small fee for each transaction. Conversely, telemarketing transactions, i.e., transactions made via a telecommunication system, do not require a customer signature and, therefore, are more carefully scrutinized by the credit card systems. Consequently, the telemarketer is charged a substantially higher fee for processing the transactions. \nTelemarketers often launder credit card transactions through merchants, a practice which both systems rules expressly prohibit. Fraudulent telemarketers generally are unable to obtain merchant accounts from card issuers through which they can receive cash. To obtain money on the credit card numbers they obtain through their fraudulent telemarketing schemes, they find legitimate merchants who have merchant accounts with the credit card issuers and are willing, for a small percentage of the \" sale '' amount, to create a fake credit card sales draft, i.e., a counterfeit ( fake ) access device, and submit it through the merchant account to the credit card issuer for payment. Prior to the enactment of Subsection ( a ) ( 7 ) to 18 U.S.C. 1029, which expressly addresses this practice known as \" factoring, '' the fraudulent, i.e., fake ( counterfeit ), credit card sales drafts practice was prosecuted successfully under 18 U.S.C. 1029 ( a ) ( 1 ) ( \" knowingly and with intent to defraud produc [ ing ], us [ ing ], or traffic [ king ] in one or more counterfeit [ fake ] access devices '' ), 18 U.S.C. 371 or 1029 ( b ) ( 2 ) ( conspiracy ), 18 U.S.C. 1344 ( bank fraud ) if a Visa merchant account ; 18 U.S.C. 1341 ( mail fraud ) if the United States Postal Service was used to execute the fraud on the credit card issuer ; or 18 U.S.C. 1343 ( wire fraud ) if interstate wiring was the means of executing the scheme to defraud. See United States v. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( as counterfeit access device ), vacated in part on other grounds, XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( en banc ), cert. denied, sub nom. XXXX XXXX United States, XXXX XXXX XXXX ( XXXX ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( bank fraud ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( mail fraud ), XXXX. and suggestion for XXXX. en banc denied ( XXXX ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) ( mail fraud ) ; United States v. XXXX, XXXX XXXX XXXX ( XXXX Cir. ) ( wire fraud ), cert. denied, sub nom. XXXX v. United States, XXXX XXXX XXXX ( XXXX ). For example, in XXXX the defendants were charged under the bank fraud statute with a large-scale scheme to obtain money by paying merchants for fraudulently processing counterfeit credit card transactions for numerous fraudulent telemarketers. The court specifically noted that while the defendant 's conduct clearly violated the bank fraud statute, the enactment of 18 U.S.C 1029 ( a ) ( 7 ) would now provide an explicit prohibition against this type of conduct. [ NOTE : For Federal jurisdiction, all 18 U.S.C. 1029 ( a ) ( 1 ) - ( 7 ) offenses must \" affect interstate or foreign commerce. '' ] 15 U.S. Code 1681c1 - Identity theft prevention ; fraud alerts and active duty alerts * U.S. Code * Notes prev | next ( a ) One-call fraud alerts ( 1 ) Initial alerts Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who asserts in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime, including identity theft, a consumer reporting agency described in section 1681a ( p ) of this title that maintains a file on the consumer and has received appropriate proof of the identity of the requester shall ( A ) include a fraud alert in the file of that consumer, and also provide that alert along with any credit score generated in using that file, for a period of not less than 1 year, beginning on the date of such request, unless the consumer or such representative requests that such fraud alert be removed before the end of such period, and the agency has received appropriate proof of the identity of the requester for such purpose ; and ( B ) refer the information regarding the fraud alert under this paragraph to each of the other consumer reporting agencies described in section 1681a ( p ) of this title, in accordance with procedures developed under section 1681s ( f ) of this title.\n\n( 2 ) Access to free reports In any case in which a consumer reporting agency includes a fraud alert in the file of a consumer pursuant to this subsection, the consumer reporting agency shall ( A ) disclose to the consumer that the consumer may request a free copy of the file of the consumer pursuant to section 1681j ( d ) of this title ; and ( B ) provide to the consumer all disclosures required to be made under section 1681g of this title, without charge to the consumer, not later than 3 business days after any request described in subparagraph ( A ). \n( b ) Extended alerts ( 1 ) In general Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who submits an identity theft report to a consumer reporting agency described in section 1681a ( p ) of this title that maintains a file on the consumer, if the agency has received appropriate proof of the identity of the requester, the agency shall 15 U.S. Code 1679c - Disclosures U.S. Code Notes prev | next ( a ) Disclosure required Any credit repair organization shall provide any consumer with the following written statement before any contract or agreement between the consumer and the credit repair organization is executed : XXXX XXXX XXXX XXXX XXXX XXXX and Federal Law You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any credit repair company or XXXX XXXX XXXX has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over XXXX XXXX XXXX. Bankruptcy information can be reported for 10 years. \n\nYou have a right to obtain a copy of your credit report from a credit bureau. You XXXX be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. \n\nYou have a right to sue a credit repair organization that violates the XXXX XXXX XXXX XXXX. This law prohibits deceptive practices by credit repair organizations. \n\nYou have the right to cancel your contract with any credit repair organization for any reason within XXXX business days from the date you signed it. \n\nCredit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.\n\nYou may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.\n\nIf the credit bureaus reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.\n\nThe Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact : The XXXX XXXX XXXX Federal Trade Commission Washington, XXXX XXXX.","date_sent_to_company":"2024-04-12T23:00:31.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"11510","tags":null,"has_narrative":true,"complaint_id":"8761081","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-04-12T22:53:19.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["Transactions in-person, those in which the customer physically presents a <em>credit</em> <em>card</em> to a merchant for payment for goods or services, requires the customer to <em>sign</em> a <em>credit</em> <em>card</em> draft. In turn, the merchant 's bank or the <em>credit</em> <em>card</em> issuer treats these <em>signed</em> transaction slips in much the same way that checks would be treated."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"],"sub_issue":["<em>Credit</em> inquiries on your report that you don't recognize"]},"sort":[9.082293,"8761081"]},{"_index":"complaint-public-v1","_id":"3193403","_score":8.720411,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"I opened a credit card with Chase and was approved for their Amazon credit card in XXXX for the purposes of utilizing the rewards for purchases on the Amazon.com website. I frequently purchase items on Amazon and was attracted to this card for the 5 % rewards that were offered. I used the card VERY sparingly and was only buying amazon items and then sending in a payment to pay those items off. After receiving this card, I discovered that my now ex girlfriend had been stealing the card out of my wallet and making purchases without my knowledge and then returning the card to my wallet so it was not missing. At no time was she ever given permission to access my card nor was she ever an authorized user. She was simply my girlfriend at the time and we shared a residence. Our agreement was to pay the bills and split them evenly. She took care of the finances in our house, so she would tell me how much money to pay her each money to cover these expenses. After several months, I noticed that my credit cards, once being Chase, had numerous unauthorized charges and were items such as our power bill, cable billl, water bill, her cell phone, her car insurance and many many other items that were not authorized by myself. When confronted, she admitted to making the charges without my permission and stated she \" just didn't have the money to pay those bills '' because she was spending the cash I provided her to pay those bills and used the card to cover her debts. I was very angry and threatened to report her to the police since she was using the cards without my permission. I gave her 30 days to pay them off in full or I would report her to the police. \n\nNaturally before the 30 days was over I calmed down and was able to speak to her in more open frame of mind. She explained she tried to borrow the money from her parents and they said it was her deception and wrongdoing and they weren't going to bail her out by giving her the money. She stated she tried to borrow money in other manners but could not get the funds. She asked me to allow her to simply make the payments and pay the card off, although, she could not do that within 30 days. She informed me that when she received her tax returns should could probably pay the entire amount off. This conversation occurred roughly 1 year after receiving the card before I discovered the fraud. I agreed to this arrangement for only a few reasons. # 1 we lived together and having her arrested would negatively impact me as much as her because I relied on part of her income to help pay the bills. # 2. We were dating and I would be having my own girlfriend locked up who I did care for romantically and we had been in a long term relationship which could possibly progress further # 3. I had supported her solely for 6 months while she was unable to work to attend XXXX school. I had invested a significant amount of time and effort to assist her getting into XXXX school as well as caring for her children while she attended classes and then also began working part time during the night to cover expenses. As a result, turning her in would have made her a felon and that would have stopped her from becoming a XXXX  and would have wasted all of my effort to help her get where she was trying to improve herself. Also, if she was unable to become a XXXX due to a possible criminal record, it may be nearly impossible to pay off the credit cards which she had used without my permission and knowledge. At the time of this discovery, the balances of all 3 cards she was using without my consent was in the area of {$16000.00}. \n\nI agreed to let her pay monthly payment until the time she received her lump sum from a combination of school loan money and tax returns. The only problem is that when both the tax returns and student loan money came in months later, she had spent it, without paying as agreed, and then later told me she couldn't follow through. So she once again said not to worry, they will all be paid off within 12 months if I just gave her time. I agreed as I did not have much chose at that time and still believed she would handle the charges as promised. \n\nI later bought a home in XX/XX/XXXX and my girlfriend and her children moved in with me. It was on or about XX/XX/XXXX that I discovered she had still be using my credit cards, even though I had physically removed them from my home. I immediatly terminated the relationship due to this continued lack of trust and theft and kicked her out of my home. I started to pull together statements and verify information and found out my accounts totaled nearly 23k in credit card charges and she had been using my cards electronically. The now ex girlfriend showed me a notebook where she had copied down my full credit card numbers, expiration dates, security codes, full name, social, and birth date in order to continue to use these cards. She did not state that was the original reason for collecting this information. she stated she did that to be able to call in and make payments over the phone on my credit cards so the minimum payments were being made. I did not think about how she was making the payments towards the cards, but that the cards themselves were being paid. It now dawned on me that she had stolen my information and personal identity and was continuing to use that to verify information when using these cards electronically without physical access to these cards. This allowed her to continue top use the cards and keep me in the dark on the balances and still make the minimum payments to prevent any type of collection calls or letter to be sent to me. \n\nI demanded payment in full on these cards as a matter of restitution from the ex girlfriend after breaking off the relationship of 5 years. She informed me she would be happy to do this and was going to once again send me her school money in XXXX of XXXX  which would be XXXX and estimated she would have another $ XXXX from her tax returns and then would have one final student disbursement that she could pay to me to mostly pay off the balances. She assured me she could pay the amounts off in 12 months and she would be a XXXX  soon so that total would not be an issue with her newer higher paying job. I agreed only because she swore the money would be repaid and that allowed her to remain a XXXX with no legal action. The months came and went and no money was paid. I began to demand payment in full and near XXXX or XX/XX/XXXX she stated she had \" changed her mind '' just as I had done in regards to our relationship and I could just do what I wanted as she had no intentions of paying anything any longer. She also informed me she had spoken to a lawyer previously in the year and he was prepared to defend her in the event I wanted to sue her. However, she also stated that he had determined that the statute of limitations had already expired the previous month and she was no longer liable in civil court and I could try and sue her, but nothing would come of the case. It then dawned on me the entire reasons for these delays was to buy more time to let this statute of limitations pass at the advice of her attorney before telling me she no longer intended to pay on them as promised. Although she had written up a \" contract '' which was never signed agreeing to repay certain amounts of money she felt she owed, it was never executed or signed and therefore could not be enforced. \n\nI was furious and believed I was now fully responsible for these cards and she had left me responsible for all of her fraud and I would have to repay the amounts or face a judgement against me on my house which I had just purchased. I am barely surviving on the income I have and the {$700.00} minimum payments needed to be paid each month was crushing me financially. However, I was also mistakenly under the impression that I only had a time frame of 90 days to report the fraudulent charges are they were no longer able to be disputed on my behalf. Since the original fraudulent charge made on one credit card appeared to have occurred around XX/XX/XXXX with my XXXX XXXX, I believe I could no longer purse relief through the credit card companies. I began to shoulder all the payments of the minimums which was financially unbearable with a full mortgage to pay alone at {$880.00} per month, all utilities, a $ XXXX/mo student loan payment, and now an additional {$700.00} per month minimum credit card payment that was 2/3rds interest by the time the money was applied. This was unbearable and I feared I was going to lose my home over this fraudulent debt which I was saddled with. \n\nFinally in about XX/XX/XXXX I decided to go out on a limb and see if there was ANY alternative to assist me in paying off the credit cards. I was already completely broke with no savings and no furniture other than an air mattress for a bed because the ex had taken all of the furniture in my home since she owned it, including all blankets, pillows, even toiletries and left me with literally nothing. I had a plastic lawn chair as my only chair and the air mattress using borrowed blankets and pillows because I didn't have any extra money to purchase these basic items due to the credit card minimum payments. I was doing everything I could to survive, but the payments were too much burden on me to survive. I finally broke down and began to call the credit card companies involved including Chase, XXXX, and XXXX XXXX XXXX, I was overjoyed at first contact because all three cards informed me through their fraud department that I was NOT liable for charges I did not authorize and that were made by the ex. They stated my mistaken assumption of only having 90 days to report her fraud was incorrect and that they all had a zero fraud liability policy and they would make sure to remove those charges from my card and do a thorough fraud investigation on my behalf to hold her liable for her theft. \n\nI immediately began gathering evidence as requested by the fraud team members and provided statements with highlighted charges that were unauthorized on my cards. Within days of submitting these unauthorized charges, my accounts were being refunded and the charges were being taken off. Chase was the very first card to remove all charges from my account and I was at an approximately balance of negative {$10000.00}!!! I could not believe how any charges had been made by her over a 3 year period an discovered most of these charges were made by her in a shorter time frame of a year and a half due to the card only being open since XXXX. The negative balance was available to me to use as my refund and I was informed by a customer service operator that I could still use the card and any charges would come off as credited towards the negative balance. I was even told I could use the card to withdraw money as a \" cash advance '' but would be limited to my limit of {$600.00}. As a result, I requested a PIN number to be sent to me so that I could withdraw some cash and pay bills such as rent and other utilities that had been crushing me financially for so long. I used some of the money to get basic necessities like stock up on my groceries and get food in my freezer, buy items from XXXX and XXXX XXXX, and pay my mortgage and light bill without being completely broke for the first time in a long time. I also used some of the money to buy into a few small investments that I could not touch. Unfortunately, during the month of XXXX, my card suddenly stopped working when I still had a balance of negative XXXX. When I called into card services, I was transferred a department that then transferred me to a supervisor without ever explaining to me why I had no use of my card. Finally the supervisor in the card services explained my card had been shut off for excessive use of my credit line and the card had been cancelled! I asked why this was even possible since Chase still owed me {$2500.00} for my REFUND of fraudulently charged items, payments, and interest which had accrued and that my balance was as low as negative XXXX! The gentleman on the phone took a few minutes to review my account and then stated he saw what I was referring to and it appeared someone had made a mistake and cancelled the card believing I was running up and excessive balance on my card, when in reality, he could see I was using my refunded credit amount. I told him how I was told I could simply use the card as normal until my negative balance was exhausted and was doing exactly what I was instructed to do. I was trying to get back my refunded money that was stuck on that card. The supervisor stated he understood and was going to submit a request for my account to have a \" reconsideration '' to review the closure and that he would document that it was a misunderstanding and my account was not being excessively used other than to attempt to withdraw my refunded amount. He informed me the review process can take approximately 7 to 10 days, but to check back in a few more days. I did not check back on the status immediately, but instead, received a call on or about XX/XX/XXXX from a superior stating my card had been reviewed and they were reinstating my usage of the card. I had also previously asked what would become of my negative {$2500.00} when the card was \" cancelled '' and was informed that they would wait 7 days and the company would send me the refunded credit as a check to ensure any pending charges were posted to my account. I thanked them for their help and waited to receive my check. Once my card was reinstated, I realized that they were not going to send the check since I now had access to the balance and there for used it to pull {$1500.00} off towards another small investment and would later request they company mail me a check for the remaining {$1000.00} which would leave the card with a balance of {$0.00}. I was finally stress free and realizing I could not get my furniture I so desperately needed and would not have to stress about how to buy food when I could barely afford my mortgage with these credit card payments. \n\nUnfortunately my happiness and excitement did not last long because I received another phone call Monday afternoon from a woman who identified herself as the fraud investigator assigned to my case. I can not remember the womans name, but I was given her contact information as XXXX, extension XXXX. This fraud investigator stated she had concluded \" her '' investigation and decided that the charges reported were NOT FRAUD because my ex was \" given access to these cards by me because she lived with me ''. I immediately stopped her and informed her that I had NEVER given her access and she was mistaken, someone obviously had made a mistake on the file. The investigator stated that she had NOT made any mistake, and that since the person who committed this fraud lived with me, she naturally would have had access to my cards by simply going into my dresser or wallet to take these cards and use them, even if I didn't give her permission to do so. \n\nAfter hearing this comment, I was LIVID with such as careless point of view that she was suggesting I was to blame for this fraud because simply LIVING with someone was enough grounds to determine they \" might '' take your card some day and use it without your permission and put it back. As a result, by them living in your residence, it is now your fault even though we have NEVER been married and she was NEVER an authorized user on my card. This made no sense to me and I immediately told this supervisor I could not believe someone could steal a credit card from me, use it, and put it back and it was acceptable simply because she lived at my residence. This would mean that absolutely ANYONE who had a roommate or child, or even just a friend living with them would be exposed to this same credit card fraud because she is blaming the victim for someone living in their home! The investigator stated that \" Well sir, we are a financial institution and we simply can not refund these charges because you allowed her to use them since she was living there and as a result she knew how to gain access to the cards. '' I wish that this phone conversation had not been as devastating as it was, but then the investigator continued to tell me she had more bad news. The investigator stated that Chase had \" mistakenly double refunded the charges and as a result we are putting approximately {$13000.00} back on your card because we accidentally made a {$6000.00} mistake ''. I tried to stop her and ask for more of an explanation of HOW could this POSSIBLY HAPPEN! How can a financial institution make such a stupid error and tell me they made a {$6000.00} mistake and were telling me that they were now going to add this back onto my card along with all charges she whimsically decided to deny refunds on for a balance of {$13000.00} on a single credit card that only had a maximum credit limit of {$3500.00}!! This means that if she would follow through with this decision, the banks unforgivable mistake would end up making me look like I had a balance that exceeded my credit limit by over {$10000.00} and absolutely DESTROY my credit rating in the process! They would also be charging me the feels that would make withdrawing the money from the ATM 's as my refund appear to be cash advances at the rate of 27 % on top of 23 % for the fraudulent charges. The minimum payments on this card would absolutely bankrupt me and I was the victim of fraud! How could this even be acceptable for someone to be the victim of fraud, try to resolve the situation on behalf of the credit card companies by making payments and even trying to get thief to pay the funds back in full, and then victimize me a second time by taking all the money back, hitting me with THEIR {$6000.00} mistake because someone miscalculated and told me that money was mine to use, and then now want it back after it has been spent? All while I was promised in the beginning that these fraudulent charges would not be my responsibility from the very day I called! If I had known this is how terrible the service was and that the credit card companies could not even figure out how to do their own refunds properly without making any mistakes, I would never have opened the card to begin with. That way I could never have been victimized through the fraud by Chase and their guarantee that I had \" zero fraud liability '' and was protected. That is apparently not true because their investigator simply wanted to find a way to blame ME for the charges when they could't find any other way to deny the claim, she would make a ridiculous conclusion that simply living with her negated the fraud and was now my responsibility. I did not receive these  same statements from XXXX XXXX XXXX nor XXXX XXXX and XXXX lost FAR more money than Chase in the theft in the amount of nearly {$31000.00} alone. Yet, they have refunded the amounts and asked for affidavits of fraud and any assistance of criminal prosecution of my ex girl friend. Chase did not even so much as offer me an affidavit to sign for fraud and I have offered on numerous occasions to assist them with any criminal charges should they choose to pursue that avenue. I once again informed this same fraud investigator that I would be willing to assist with a criminal investigation to assist them as I was doing the same with XXXX card, yet she said to her this was entirely civil and they were not going to refund any money. She did not care that her decision was unfounded and had no compassion that her decision is going to wreck my financially and destroy my credit. So, I immediately told the investigator that I wanted this decision appealed to a supervisor for review as I did not feel her determination was one based on any factual reasoning that was a legitimate law or policy. She stated that she could try to get a supervisor on the phone but they were busy, or she could resubmit this case to a department but that they would need to do another full investigation. I told her that would be find as I knew that these charges were fraudulent and I would not allow her to call these unauthorized charges my responsibility based on her statement my ex-girlfriend could make those charges simply because she lived in the same house hold. Why would ANYONE ever need an authorized user card then? Apparently she believed you can just take someone's card behind their back and use it and it would be perfectly acceptable! So, I stated I wanted the review done on my decision and the account to be looked at by another person above her with more authority. I told her I wanted this account left alone since adding this XXXX back onto my card was an unfair burden on both me and my credit and that would cause me even further damage. The investigator simply stated that \" The file will be submitted for review and further investigation '' and my full belief is she understood I was appealing her decision and asking for someone else to review this account and stay her reversal onto my card. I am now looking at my account today and realizing that this investigator did the exact opposite and I now have all charges put back onto my card with a balance of {$13000.00} with no available credit and over the limit by {$9500.00}!. My credit rating which was severely harmed from the fraudulent credit card charges will not be even FURTHER destroyed just as I began to recover. There is no possible way I can in good conscience make payments on charges I know are both fraud due to theft and also mistakes made by the same company that promised to protect me should this happen. Instead both parties are further harming me financially by making me liable for them and I am the victim! It is unimaginable to me to think any reputable company would be so callous, reckless, and irresponsible to the victim of a crime and then further harm them by claiming they \" accidentally '' made a mistake of {$6000.00}! That is not MY fault that they made that mistake as they were the ones who informed me I could spend this money as it was MINE! I would NEVER charge {$6000.00} on a credit card in this manner as I am far more financially responsible that this and I feel as they have now baited me into a trap and are trying to wash their hands of their own responsibility for both the fraud and their \" error '' of double refunding me charges. I am NOT able to pay this money back and I do not have the the ability to make the massive monthly payments their error will incur on me. This is simply not something I can ever forget and I will likely be forced to switch my credit card accounts to another company in the future as I feel there was never any intention to help me with being defrauded by this investigator. I will make sure to tell everyone I know to cancel any credit card, bank account, investment product and any other item they may have with Chase or any Chase bank due to how I was treated and how they have proven their word of \" zero fraud liability '' really doesn't actually apply and superficial reasons will be made up that do not even exist in their card polices. \n\nSo in other words, Chase will make up whatever story they want and try to blackmail you into paying off someone else 's illegal charges while offering NO protection and threaten damage to your credit, employment, liens and judgments on your home, and ultimately the shame of having a destroyed credit report committed by someone who was never held responsible for their fraudulent charges to begin with. I have never felt more violated in my life than I do right now and I have never felt more hopeless and depressed than I do now because I can not possibly pay this money back and nor should I have to. I am the victim not the criminal!","date_sent_to_company":"2019-04-02T16:02:55.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"27530","tags":null,"has_narrative":true,"complaint_id":"3193403","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2019-03-27T23:35:19.000Z","state":"NC","company_public_response":null,"sub_issue":"Card was charged for something you did not purchase with the card"},"highlight":{"complaint_what_happened":["It then dawned on me the entire reasons for these delays was to buy more time to let this <em>statute</em> of <em>limitations</em> pass at the advice of her attorney before telling me she no longer intended to pay on them as promised. Although she had written up a \" contract '' which was never <em>signed</em> agreeing to repay certain amounts of money she felt she owed, it was never executed or <em>signed</em> and therefore could not be enforced."],"product":["<em>Credit</em> <em>card</em> or prepaid <em>card</em>"],"sub_product":["General-purpose <em>credit</em> <em>card</em> or charge <em>card</em>"],"sub_issue":["<em>Card</em> was charged for something you did not purchase with the <em>card</em>"]},"sort":[8.720411,"3193403"]},{"_index":"complaint-public-v1","_id":"15712004","_score":8.044902,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Arkansas XXXX XXXX XXXX Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX XXXX XXXX  DC XXXX Re : Complaint Regarding Case No. XXXX Unlawful Debt Collection, Identity Theft, and Procedural Violations To Whom It May Concern : I submit this formal complaint regarding unlawful debt collection practices conducted by XXXX XXXX XXXX and Access Credit Management , Inc. , acting as third-party debt collectors, in connection with an alleged debt originally from XXXX. This complaint details identity theft, fraudulent collection actions, procedural errors, UCC violations, Arkansas statutory violations, and ongoing unjust enrichment. \n\n\n\n\n1. Timeline Correction All references to 25 years regarding the alleged debt should be amended to 21 years. \n\n\n\n\n2. Discovery of Creditor Status In XX/XX/XXXX, I confirmed that XXXX ceased operations in XXXX and its banking subsidiary, XXXX, was liquidated. Any collection attempts tied to this defunct entity are legally invalid. \n\nFederal Case Law : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX ( XXXX. XXXX XXXX ) Attempting to collect a time-barred or invalid debt violates the FDCPA. \n\nArkansas Law : ADTPA, Ark. Code Ann. 4-88-107 ( a ) ( 10 ) Prohibits unconscionable, false, or deceptive acts in business. \n\nArkansas Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) Arkansas courts will strike down deceptive practices that misrepresent business or financial obligations. \n\n\n\n\n\n3. Debt Purchased by Third Party Access Credit Management , Inc. claims to have purchased the alleged debt in XXXX. XXXX XXXX XXXX has failed to provide a wet signature contract or lawful proof of assignment. \n\nViolations : FDCPA 15 U.S.C. 1692g ( b ).\n\nUCC 3-308 ( a ) ; Arkansas UCC 4-3-308 ( a ). \n\n\nXXXX XXXX XXXX : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Arkansas Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Arkansas Supreme Court held that debt collectors can not proceed without strict compliance and proper documentation. \n\n\n\n\n4. Closure of XXXX XXXX and Legal Implications XXXX XXXX bankruptcy and liquidation prevent any valid collection. \n\nViolations : FDCPA 15 U.S.C. 1692e ( 2 ) ( A ).\n\nUCC 3-104, 3-308, 3-311 ; Arkansas UCC 4-3-104, 4-3-308, 4-3-311. \n\n\nXXXX XXXX XXXX : XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ). \nArkansas Case Law : XXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX False representation of a claim or debt is deceptive under Arkansas law.\n\n5. Absence of Lawful Contract and Signature I never signed a contract with XXXX. Requests for verification have been ignored. \n\nFederal Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). \n\nArkansas Law : ADTPA 4-88-107 ( a ) ( 10 ). \n\nArkansas Case Law : XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX Arkansas courts recognize lack of documentation as grounds to deny collection. \n\n\n\n\n\nXXXX. Prior Disclosure of Identity Theft and XXXX In XXXX, I told Attorney XXXX XXXX in XXXX this was identity theft and I am disabled. \n\nFDCPA 15 U.S.C. 1692d.\n\nADTPA 4-88-107 ( a ) ( 8 ). \n\nArkansas Case Law : XXXX XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX  ) Courts will not allow XXXX party to take unconscionable advantage of another. \n\n\n\n\n\n7. Original Judgment and Order of Revivor Original Judgment ( XXXX ) : {$1700.00}. \n\nRevived in XXXX, expiring XXXX. \n\nIllegally restarted XX/XX/XXXX, inflated to {$4500.00}. \n\n\nPayments misrepresented : I paid {$1500.00} plus three money orders ( XXXX XXXX ). \n\nFederal Case Law : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\nArkansas Law : Ark. Code Ann. 16-56-111 ( 5-year limit ). \n\nArkansas XXXX XXXX : XXXX XXXX XXXX, XXXX XXXX. XXXX Arkansas courts prohibit indefinite revival of judgments beyond statutory limits. \n\n\n\n\n\n8. Payments Made Under Duress and Negotiable Instrument Settlements Since XXXX : {$1500.00} in monthly payments + 3 Negotiable Instrument Money Orders ( XXXX XXXX ). \n\nOn XX/XX/XXXX, XXXX XXXX XXXX moved to deposit my money order into its XXXX account, asking it not count as full payment. \n\nThis violates : UCC 3-311 ; UCC 3-310 ( b ) ; UCC 1-308.\n\nArkansas UCC 4-3-311, 4-3-310 ( b ), 4-1-308.\n\nBy deposit, they accepted settlement under law. \n\nCase Law : XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX. \n\nArkansas Case Law : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( XXXX ) Arkansas courts enforce accord and satisfaction when payment is tendered and accepted. \n\n\n\n( Personal Note : I only have continuously submitted Negotiable Instrument Money Orders with instructions three ( 3 ) times to attempt to settle a Judgement Debt that was never mine since XXXX XXXX of XXXX XXXX XXXX ignored what I told her in XXXX concerning Identity Theft. ) XXXX. Procedural Violations and Coercion Improper subpoena service. \n\nFraudulent filings without notice. \n\nDemands for card info despite continuous payments. \n\n\nViolations : FDCPA 1692d, 1692e, 1692f.\n\nADTPA 4-88-107 ( a ) ( 10 ). \n\nArkansas Case Law : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( XXXX ) Fraud and coercion invalidate legal process.\n\n10. Requested Action by CFPB I respectfully request the CFPB : 1. Investigate XXXX XXXX XXXX  and Access Credit Management , Inc. for FDCPA, UCC, and Arkansas consumer law violations. \n\n\nXXXX. Recognize that XXXX has been defunct since XXXX. \n\n\nXXXX. Address the illegal judgment restart in XX/XX/XXXX, inflated to {$4500.00}. \n\n\nXXXX. Protect my rights as a victim of identity theft and disability. \n\n\nXXXX. Enforce restitution for all funds paid under duress plus statutory damages and payment for all violations of law. \n\n\n\nRespectfully, XXXX XXXX UCC 1-308 Addendum : Legal Authorities Supporting Complaint Federal Law FDCPA ( Fair Debt Collection Practices Act ) : 15 U.S.C. 1692d Harassment, oppression, or abuse prohibited.\n\n15 U.S.C. 1692e ( 2 ) ( A ) False representation of legal status of a debt.\n\n15 U.S.C. 1692f Unfair/unconscionable means to collect a debt.\n\n15 U.S.C. 1692g ( b ) Debt verification requirement.\n\nUCC ( Uniform Commercial Code ) : UCC 1-308 Reservation of Rights.\n\nUCC 3-104 Negotiable instruments defined.\n\nUCC 3-308 Burden of proof for signatures.\n\nUCC 3-310 ( b ) Tender suspends obligation. \n\nUCC 3-311 Accord and Satisfaction by negotiable instrument. \n\n\n\n\n\n\nArkansas Law Arkansas UCC ( adopted ) : Ark. Code Ann. 4-1-308 Reservation of Rights. \n\nArk. Code Ann. 4-3-104 Negotiable instruments defined.\n\nArk. Code Ann. 4-3-308 Burden of proof for signatures.\n\nArk. Code Ann. 4-3-310 ( b ) Tender suspends obligation.\n\nArk. Code Ann. 4-3-311 Accord and Satisfaction. \n\n\nArkansas Consumer Protection : ADTPA, Ark. Code Ann. 4-88-107 ( a ) ( 8 ) Taking advantage of disability prohibited.\n\nADTPA, Ark. Code Ann. 4-88-107 ( a ) ( 10 ) Deceptive, false, or unconscionable practices prohibited.\n\nArkansas Statute of Limitations : Ark. Code Ann. 16-56-111 Five-year statute of limitations on written contracts. \n\n\n\n\n\n\nFederal Case XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX ( XXXX. XXXX XXXX ) Collecting on time-barred debts violates FDCPA. \n\nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX. XXXX ) Collectors must provide actual proof of debt. \n\nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) XXXX are subject to FDCPA. \n\nXXXX XXXX XXXX XXXX & XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Failure to provide verification violates FDCPA. \n\nXXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Enforcing expired debts violates FDCPA. \n\nXXXX XXXX. XXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX Negotiable instruments can discharge debt. \n\nXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX ) Accord and satisfaction applies when payment is tendered and accepted. \n\n\n\n\n\nArkansas Case Law XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) Deceptive business practices barred under Arkansas XXXX. \n\nBorn v. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX collectors must strictly comply with documentation. \n\nXXXX XXXX XXXX, XXXX XXXX. XXXX, XXXX XXXX XXXX False representations of debts are deceptive under Arkansas law. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Lack of documentation defeats debt collection attempts. \n\nXXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Courts reject unconscionable advantage-taking. \n\nXXXX XXXX XXXX, XXXX XXXX. XXXX Courts prohibit indefinite revival of judgments. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Accord and satisfaction applies when payment is accepted. \n\nXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX ) Fraud and coercion invalidate legal processes.","date_sent_to_company":"2025-09-04T21:56:10.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"72118","tags":null,"has_narrative":true,"complaint_id":"15712004","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Access Credit Management, Inc.","date_received":"2025-09-04T21:55:44.000Z","state":"AR","company_public_response":null,"sub_issue":"Debt was result of identity theft"},"highlight":{"complaint_what_happened":["Arkansas <em>Statute</em> of <em>Limitations</em> : Ark. Code Ann. 16-56-111 Five-<em>year</em> <em>statute</em> of <em>limitations</em> on written contracts. \n\n\n\n\n\n\nFederal Case XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX ( XXXX. XXXX XXXX ) Collecting on time-barred debts violates FDCPA. \n\nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX. XXXX ) Collectors must provide actual proof of debt. \n\nXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) XXXX are subject to FDCPA."],"company":["Access <em>Credit</em> Management, Inc."],"sub_product":["<em>Credit</em> <em>card</em> debt"]},"sort":[8.044902,"15712004"]},{"_index":"complaint-public-v1","_id":"3403228","_score":7.89349,"_source":{"product":"Mortgage","complaint_what_happened":"Mortgage fraud Create a Fraud File did not offer resolution or refund continue to send copies of Unauthorized illegal use of my business name, Credit information fraudsters illegally faked an Identity Theft, Mortgage fraud, identity theft, the mortgage account number, mortgage fraud reported data breach, mortgage fraud, this victim of data breach information may have ... working with third-party. contract, which termination could result in Related Third Party. Any sort of \" material misstatement, misrepresentation, or omission  relating to the property. Misstatement, Misrepresentation deliberate misrepresentation and deception : deceptive practices including predatory ... Various deceptive and fraudulent practices by mortgage lenders, ... by misrepresenting information, XXXX contends he is not personally liable for any damages Mr. XXXX engaged in unfair and deceptive trade practices, or any other type Court has disposed of that motion by Any person injured in his business or property by reason of a violation of section 1962 of this  chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorneys fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or ... 18 U.S.C. 1964 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure 1964 separate order. of fraudulent behavior. ORDERED AND ADJUDGED that Plaintiff XXXX XXXX shall recover from Defendant XXXX XXXX XXXX XXXX XXXX, the principal sum of {$5500.00}, court costs of {$300.00}, and arbitration costs of {$900.00}, for all of which let execution issue instanter and forthwith. This judgment shall accrue interest at the legal rate of eleven percent ( 11 % ) per annum. DONE AND ORDERED at XXXX XXXX, XXXX County, Florida, this XX/XX/XXXX. \nsuffered by Plaintiff. He argues that any liability lies with the corporation. Plaintiff argues that Mr. XXXX is individually liable because he personally performed some of the work on the house. As a general principal, a corporate officer or employee may be not held personally liable for acts of the corporation, absent evidence of wrongdoing, such as fraud. lenders which contained false statements. The sums obtained by the appellants ... I Placed a fraud alert and freeze on credit report File a police report. The first thing you should do is file a police report with local police department. Identity theft, property title theft identity theft until a mortgage originator pulls credit score in preparation for a home loan, Loan Fraud mortgage fraud identity theft, the victims are  unaware scams A Stolen Identity Event is the theft or your personal identification, social security number, or other method of identifying result in the wrongful use of such information, Stolen Identity use this information unauthorized transactions on my Credit card fraud is the unauthorized use of a credit Request that the fraudulent accounts be removed from my credit file.. fraudulent charges Satisfaction of Mortgage required to release the lien and obtain the title. Use the Satisfaction of Mortgage document property through a private loan agreement that is now paid in full. The mortgage lien release, a document also known as the 'satisfaction of mortgage ', is a document that is acquired from, and to recover damages from signed by a mortgage lender. This document is an acknowledgement, that states, that the ( previous ) borrower has completed a payment agreement and therefore the mortgage is recognized by all. Advise the lender that I have yet to receive its \"  release of lien '' document. Note you have written proof of payoff of the mortgage, including your mortgage loan note marked \" Paid. '' The mortgage lien release, if the other party hadnt breached the contract. A document the satisfaction of mortgage, is a document that is acquired from, and signed by a mortgage lender. This document is an acknowledgement, that states, that the ( previous ) borrower has completed a payment agreement and therefore the  mortgage is recognized by all parties as paid in full. Once the satisfaction document has been filed and updated with the land registry or county registry, a clear title shall be returned to the land owner A Satisfaction of Mortgage, also known as a Mortgage Lien Release, the mortgagee ( financial institution ) advising that the mortgage has been paid in full, all terms of the loan have been satisfied and there will no longer be a lien on the property. This means the borrower has completely repaid their loan to the lender as agreed upon ( inclusive of late fees or other required payments by the lender ). Legal remedies for breach of contract. For example, a person may be entitled to monetary compensation if the other  party fails to live up to the terms of the contract. The Payee Name false representation of a start to consider the possible remedies The Owner ( s ) never signed by the property Owner never signed Loan obligation under the agreement. \nXXXX XXXX  , XXXX of Virginia said to be the mortgage holder of Loan Total amount of mortgage, Mortgage date of execution Full and legal description of the property to include tax parcel number Acknowledgement that all payments have been made in full Acknowledgement releasing the lender from filing a lien against the property. fails to do something they agreed to do, for any type of personal loan within three days of making the contract. Remedies can be awarded. Indeed, under Florida law, Date signed and signature of all appropriate parties. Breach of Contract, contracts may be cancelled within a three-day period. ... Federal law says you can cancel a contract. Recorded with the local County Recorders Office or Land Registry. Once the Satisfaction of Mortgage is filed the lien is lifted. parties involved in a contract failed to follow or do their duties and responsibilities that are related to the contract. Breach of Contract : Remedies The remedies for breach of contract include the following : money damages, restitution, rescission, reformation, and specific performance. position he or she would  have been in if the other party hadnt breached the contract. A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of contract. XXXX XXXX contracted with XXXX XXXX XXXX , XXXX, for the ( c ) Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorneys fee, except that no person may rely upon any conduct that would have been actionable as fraud in the purchase or sale of securities to establish a violation of section 1962. The exception contained in the preceding sentence does not apply to an action against any person that is criminally convicted in connection with the fraud, in which case the statute of limitations shall start to run on the date on which the conviction becomes final. \nconstruction of a house. Defendant XXXX XXXX was the president of the corporation and signed the contract on behalf of the corporation. XXXX personally, performed some of the construction work himself. Since completion of Plaintiff 's house, the corporation has been dissolved. Plaintiff has sued the corporation and Mr. XXXX individually for failing to construct the home in accordance with the contract and the applicable building codes. ORDERED AND ADJUDGED that recover from Defendant XXXX XXXX XXXX , XXXX, the principal sum of {$5500.00}, court costs of {$300.00}, and arbitration costs of {$900.00}, for all of which let execution issue instanter and forthwith. This judgment shall accrue interest at the legal rate of eleven percent ( 11 % ) per annum. \nDONE AND ORDERED at XXXX XXXX, XXXX County, Florida, this XX/XX/2008. Instrument # XXXX # XXXX XX/XX/XXXX Court Order to repair our credit. \n\nRegistration Statement Washington, DC XXXX Pursuant to the Foreign Agents Registration Act of 1938, as amended List every foreign principal to whom you will render services in support of the primary registrant Describe separately and in detail all services which you will render to the foreign principal ( s ) listed in Item 10 either directly, or through the primary registrant listed in Item 8, and the date ( s ) of such services. ( If space is insufficient, a full insert page must be EXECUTION registration statement must include In accordance with 28 U.S.C. 1746, the undersigned swears or affirms  under penalty of perjury that he/she has read the privacy Act Statement. The filing of this document is required for the Foreign Agents Registration Act of 1938, as amended, 22 U.S.C. 611 et seq., for the purposes of registration under the Act and public  disclosure. Provision of the information requested is mandatory, and failure to provide the information is subject to the penalty and enforcement provisions established in Section 8 of the Act. Every registration statement, short form registration statement, supplemental statement information set forth in this registration statement and that he/she is familiar with the contents thereof and that such contents are in their entirety true and accurate to the best of his/her knowledge and belief. \nName IRS Number ( EIN ), XXXX ( EIN ). Reporting File Select Portfolio Servicing Inc FEI/EIN XXXX. XXXX XXXX. XXXX XXXX XXXX, UT XXXX. Account Registration No Year of Birth Nationality Present Citizenship If present citizenship was not acquired by birth, ________________ indicate  when, and how acquired. \nResidence________________________ Address ( es ) ______________________________ Indicate your connection with the primary registrant : partner director employee consultant officer associate agent subcontractor other ( specify ) _______________________________ 10. List every foreign  principal to whom you will render services in support of the primary registrant. \n11. Describe separately and in detail all services which you will render to the foreign principal ( s ) listed in Item 10 either directly, or through the primary registrant listed in Item 8, and the date ( s ) of such services. ( If space is insufficient, a full insert page must be Foreign Agents Registration Act : An Overview Registration and Disclosure Requirements used. ) Name Officer/Registered Agent Registered Agent Name Trademark Name Trademark Owner Name FEI/EIN Detail by Document Number Zip Code Street Address ( Date of signature ) ( Signature ) used. ) _____________________________________ Business Address ( es ) ____________________________________","date_sent_to_company":"2019-10-15T16:24:01.000Z","issue":"Closing on a mortgage","sub_product":"Other type of mortgage","zip_code":"32114","tags":"Older American","has_narrative":true,"complaint_id":"3403228","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2019-10-11T21:20:12.000Z","state":"FL","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":null},"highlight":{"complaint_what_happened":["The exception contained in the preceding sentence does not <em>apply</em> to an action against any person that is criminally convicted in connection with the fraud, in which case the <em>statute</em> of <em>limitations</em> shall start to run on the date on which the conviction becomes final. \nconstruction of a house. Defendant XXXX XXXX was the president of the corporation and <em>signed</em> the contract on behalf of the corporation. XXXX personally, performed some of the construction work himself."]},"sort":[7.89349,"3403228"]},{"_index":"complaint-public-v1","_id":"21485406","_score":7.7784824,"_source":{"product":"Debt collection","complaint_what_happened":"b'CONSUMER FINANCIAL PROTECTION BUREAU\\nSUPPLEMENTAL FORMAL CONSUMER COMPLAINT\\nDATE: XXXX XXXX, XXXX, COMPLAINANT: XXXX XXXX XXXX XXXX XXXX (PrXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX OH XXXX XXXX XXXX XXXX XXXX AGE: XXXX  years old  XXXX XXXX  Consumer\\n\\nREFERENCE TO PRIMARY COMPLAINT\\nThis complaint is a supplemental filing and directly references CFPB XXXX XXXX XXXX filed XXXX XXXX XXXX naming both XXXX XXXX XXXX  and National Enterprise Systems, Inc. as Respondents. This supplemental complaint is filed separately to ensure that National Enterprise Systems, Inc.\\'s specific and independent violations of the Fair Debt Collection Practices Act (FDCPA) receive dedicated review, and to formally protect Complainant\\'s rights under the FDCPA\\'s one-year statute of limitations, which expires XXXX XXXX, 2027.\\n\\nRESPONDENT\\nNational Enterprise Systems, Inc. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Alleged Balance: XXXX Original Creditor: XXXX XXXX XXXX  Date of Assignment to NES: On or about XXXX  XXXX XXXXn\\nI. PRELIMINARY STATEMENT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX residing in XXXX, acting Pro Se. Under the Consumer Financial Protection Act, the CFPB maintains a dedicated Office for Older Americans charged with protecting consumers aged XXXX  and older from financial exploitation, predatory practices, and abusive debt collection. This complaint is submitted with the express request that it be routed to the CFPB\\'s Office for Older Americans for priority review, consistent with the primary complaint filed under XXXX XXXX XXXX.\\n\\nThis supplemental filing is concurrently directed to the XXXX  Attorney General\\'s Elder Justice Unit for review of NES\\'s conduct under XXXX  consumer protection and elder financial abuse statutes.\\n\\nII. BACKGROUND\\nOn or about XXXX XXXX XXXX, XXXX XXXX XXXX assigned, transferred, or sold Account No. XXXX to National Enterprise Systems, Inc. (\"NES\") for collection. At that moment, NES assumed the role of \"debt collector\" as defined under 15 U.S.C.  1692a(6) and became fully subject to all requirements of the Fair Debt Collection Practices Act, the CFPB\\'s Debt Collection Rule (Regulation F), effective XXXX XXXX XXXX, and the Metro 2 Credit Reporting Resource Guide maintained by the Consumer Data Industry Association (CDIA) as a data furnisher to consumer reporting agencies.\\n\\nFrom the date of assignment to the date of this filing  a period of more than six months  NES has:\\n\\nNever provided Complainant with a legally and complete compliant debt validation notice;\\nNever ceased collection activity following Complainant\\'s written dispute;\\nNever disclosed the disputed status of the debt to consumer reporting agencies as required by Metro 2 standards;\\nNever produced a chain of title, securitization documentation, or account-specific bill of sale establishing legal standing to collect; and\\nNever responded to Complainant\\'s formal Notice of Intent dated XXXX XXXX XXXX.\\nThis is not a technical oversight. This is a pattern of willful noncompliance by a professional debt collection agency that knows  or should know  its legal obligations under federal law, Regulation F, Metro 2 reporting standards, and its own professional code of ethics.\\n\\nIII. SPECIFIC FDCPA VIOLATIONS  NATIONAL ENTERPRISE SYSTEMS, INC.\\nViolation 1  Failure to Provide Debt Validation Notice and Refusal to Produce Supporting Documentation\\n15 U.S.C.  1692g(a) | Regulation F, 12 C.F.R.  1006.34 | ACA International Code of Ethics\\n\\nWithin five days of its first communication with Complainant, NES was required by law to provide a written notice containing:\\n\\nThe amount of the debt;\\nThe name of the creditor to whom the debt is owed;\\nA statement of Complainant\\'s 30-day right to dispute the debt; and\\nNotice that upon written dispute, NES must obtain and mail verification of the debt before continuing collection.\\nAdditionally, under the CFPB\\'s Regulation F (12 C.F.R.  1006.34), effective November 30, 2021, NES was required to provide a detailed validation notice containing specific disclosures about the debt, the consumer\\'s dispute rights, and the collector\\'s identity  in a clear and conspicuous format.\\n\\nNES made initial contact with Complainant but failed entirely to include the legally required validation notice in that communication. Complainant responded with a formal written dispute and a comprehensive Validation of Debt demand on XXXX XXXX XXXX (USPS Certified Mail, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX), which specifically requested:\\n\\nFull debt validation  including the name and address of the original creditor, the exact amount claimed, and the complete basis for the alleged debt;\\n\\nChain of Title with Securitization Documentation  complete documentation establishing the unbroken legal chain of ownership from XXXX XXXX XXXX. to National Enterprise Systems, Inc., including:\\n\\nAny and all securitization records if the debt was pooled into an asset-backed security at any point in its history;\\nThe trust agreement, pooling and servicing agreement (PSA), or any securitization vehicle into which this account may have been placed;\\nDocumentation confirming that NES received a valid, legally enforceable assignment  and not merely a data file or spreadsheet listing  of this specific account; and\\nConfirmation of who currently holds the beneficial interest in this debt, as securitization frequently separates legal title from beneficial ownership, potentially rendering the assignee\\'s collection authority void; and\\nA Bill of Sale Specific to This Account  the actual executed purchase agreement demonstrating NES\\'s legal right and standing to collect on XXXX XXXX XXXX including the specific account number, balance at time of sale, and executed signatures of authorized parties and specific dollar amount paid for the debt. \\n\\nNES answered none of it. Not the validation notice. Not the chain of title. Not the securitization documentation. Not the bill, not the purchase price of the debt. Not a single document was produced in response to Complainant\\'s lawful demand. This is not a partial response  it is a complete and deliberate refusal to substantiate the legal basis for collection.\\n\\nWhy Securitization Matters Here\\nWhen a credit card debt is securitized  pooled with other debts and sold to investors through a trust or special purpose vehicle  the chain of legal ownership becomes critically important. If XXXX XXXX XXXX. securitized this account at any point, the following questions arise:\\n\\nDid XXXX  retain legal authority to assign the debt to NES, or had beneficial ownership already passed to a securitization trust?\\nDoes NES hold a valid, enforceable assignment, or merely a purchase of data with no accompanying legal title?\\nCan NES legally collect on a debt whose beneficial interest may be held by unknown third-party investors?\\nWithout complete securitization documentation, NES cannot establish legal standing to collect. A debt collector that cannot prove it owns  or is legally authorized to collect  a specific debt has no lawful basis to report it to consumer reporting agencies, demand payment, or take any collection action whatsoever.\\n\\nACA International Code of Ethics Violation\\nNES, as a professional debt collection agency, is presumed to operate under the ACA International Code of Ethics, which requires member agencies to:\\n\\nDeal honestly and fairly with consumers;\\nComply fully with all applicable federal and state laws; and\\nRespond to consumer disputes in a timely, transparent, and lawful manner.\\nNES\\'s complete non-response to a formally delivered, certified mail validation demand  over a period of six months  constitutes a direct violation of these professional ethical obligations, independent of and in addition to its statutory violations.\\n\\nAs of the date of this filing, more than six months after assignment, NES has never fulfilled its statutory validation obligation. Collection activity has continued throughout. This constitutes an independent, per se violation of the FDCPA  made willful by NES\\'s complete non-response to a formally delivered, certified mail demand that explicitly identified every document required.\\n\\nViolation 2  Continued Collection After Written Dispute Without Providing Verification\\n15 U.S.C.  1692g(b)\\n\\nComplainant\\'s formal dispute letter of January 20, 2026 (USPS Certified Mail, Tracking No. 9589 9710 5270 0986 2257 15) constitutes a timely written dispute within the meaning of the FDCPA. Upon receipt of that dispute, NES was required to:\\n\\nImmediately cease all collection activity; and\\nObtain and mail written verification of the debt before resuming any collection efforts.\\nNES did neither. Collection activity continued. No verification was ever provided. This is a direct, documented, and willful violation of 15 U.S.C.  1692g(b).\\n\\nViolation 3  False Representation of the Character, Amount, or Legal Status of the Debt\\n15 U.S.C.  1692e and  1692e(2)(A)\\n\\nNES has reported and/or continued to pursue collection on a debt whose character, amount, and legal status are all in active dispute. The alleged balance of $1,842.64 has never been validated. The legal basis for NES\\'s authority to collect  including its chain of title and securitization standing  has never been established. Representing this debt as valid, collectible, and accurately stated  without providing any verification or documentation of legal standing  constitutes a false and misleading representation under the FDCPA.\\n\\nViolation 4  Communicating Credit Information Without Disclosing Disputed Status\\n15 U.S.C.  1692e(8) | XXXX  2 Credit Reporting Resource Guide (CDIA)\\n\\nNES has communicated, or caused to be communicated, credit information regarding this account to consumer reporting agencies without disclosing that the debt is disputed by the consumer. This is an independent violation of the FDCPA, regardless of whether the underlying debt is valid.\\n\\nFurthermore, under the XXXX  2 Credit Reporting Resource Guide  the industry-standard data reporting format maintained by the Consumer Data Industry Association (CDIA), to which NES as a data furnisher is contractually and legally bound  NES was required to:\\n\\nApply an \"XB\" compliance condition code to this account, flagging it as actively disputed by the consumer;\\nReport the correct account status code reflecting the unverified and disputed nature of the debt; and\\nRefrain from reporting any balance on a debt it cannot substantiate through a valid chain of title, securitization documentation, and account-specific bill of sale.\\nNES\\'s failure to comply with Metro 2 reporting standards  while simultaneously continuing to report damaging information on a 72-year-old elder consumer\\'s credit profile  constitutes a violation of both the FDCPA and NES\\'s own data furnisher obligations under its contractual agreements with the consumer reporting agencies.\\n\\nViolation 5  Unfair and Unconscionable Collection Practices\\n15 U.S.C.  1692f | Regulation F, 12 C.F.R.  1006\\n\\nThe use of unverified, disputed debt information  on a debt whose legal ownership has never been established through chain of title or securitization documentation  to damage the credit profile of a XXXX-year-old elder consumer managing fixed-income financial pressures and serious health challenges constitutes an unfair and unconscionable means of collecting a debt under 15 U.S.C.  1692f and Regulation F.\\n\\nViolation 6  Failure to Respond to Formal Notice of Intent\\n15 U.S.C.  1692 et seq. | Regulation F, 12 C.F.R.  1006 | ACA International Code of Ethics\\n\\nOn or about XXXX XXXX XXXX, Complainant mailed a formal Notice of Intent to File Regulatory Complaints to NES via USPS Certified Mail (TXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX That notice explicitly demanded:\\n\\nImmediate deletion of all unverified tradelines;\\nCessation of all collection activity; and\\nComplete debt validation including chain of title, securitization documentation, and bill of sale.\\nThe notice was successfully delivered. NES received it and chose not to respond. No letter. No phone call. No communication of any kind was returned to Complainant. For a professional debt collection agency operating under federal law, Regulation F, XXXX  2 standards, and a professional code of ethics, the deliberate non-response to a formally delivered legal notice is not an administrative oversight  it is a conscious choice to ignore a consumer\\'s lawful rights.\\n\\nIV. DOCUMENTED HARM TO ELDER CONSUMER\\nAs detailed in primary Case No. 260421-31656614, Complainant\\'s credit score has collapsed from a 780 median  reflecting decades of responsible financial management  to a current median score of 571, a catastrophic drop of more than 200 points. NES\\'s inaccurate reporting of an unverified, disputed debt  without disclosure of its disputed status and without compliance with XXXX  2 reporting standards  is a direct and identifiable contributing cause of this damage.\\n\\nFor a XXXX-year-old elder consumer managing fixed-income financial pressures and serious health challenges, this credit damage is not an inconvenience. It is a crisis that affects access to credit, housing eligibility, insurance premiums, and basic financial dignity.\\n\\nV. STATUTE OF LIMITATIONS  PRESERVATION NOTICE\\nComplainant expressly files this supplemental complaint to preserve all rights under the FDCPA\\'s one-year statute of limitations pursuant to 15 U.S.C.  1692k(d).\\n\\nTriggering date of dispute: XXXX XXXX XXXX\\nFDCPA filing deadline: XXXX XXXX XXXX\\nDate of this supplemental complaint: XXXX XXXX XXXX\\nAll FDCPA claims against National Enterprise Systems, Inc. are timely and fully preserved.\\n\\nVI. RELIEF REQUESTED\\nComplainant respectfully requests that the CFPB:\\n\\nConsolidate this supplemental complaint with primary Case XXXX XXXX for coordinated investigation, while maintaining independent tracking of NES\\'s FDCPA violations;\\n\\nOrder NES to immediately cease all collection activity on AccounXXXX XXXX XXXX;\\n\\nOrder NES to immediately delete all tradelines related to this account from XXXX, XXXX and XXXX  with written documentary proof of deletion provided to Complainant within 15 days;\\n\\nOrder NES to produce complete debt validation as required by 15 U.S.C.  1692g and Regulation F, including:\\n\\nThe original assignment agreement from XXXX XXXX XXXX;\\nComplete chain of title with all securitization documentation, including any pooling and servicing agreement (PSA) or trust agreement; and\\nAn account-specific, executed bill of sale;\\nAssess civil money penalties against NES for willful violations of the FDCPA, Regulation F, and Metro 2 reporting standards;\\n\\nRoute this complaint to the CFPB\\'s Office for Older Americans for priority review; and\\n\\nRefer this matter to the XXXX  Attorney General\\'s Elder Justice Unit and Consumer Protection Section for concurrent investigation of NES\\'s conduct under Ohio consumer protection and elder financial abuse statutes.\\n\\nSettlement Demand  NES\\nIn lieu of protracted regulatory proceedings, Complainant demands from National Enterprise Systems, Inc.:\\n\\n(1) Immediate cessation of all collection activity with written confirmation;\\n\\n(2) Immediate deletion of all tradelines from all three CRAs with written confirmation and Metro 2 compliant reporting;\\n\\n(3) Production of complete chain of title, securitization documentation, and account-specific bill of sale;\\n\\n(4) Complete dismissal of this account with prejudice  meaning this alleged debt is permanently extinguished, NES waives all rights to collect, and no future legal or collection action may be initiated against Complainant on this account or any derivative thereof, by any party, in any jurisdiction, at any time;\\n\\n(5) A binding written covenant that Account XXXX XXXX  and any alleged balance, claim, or derivative thereof  shall not be sold, assigned, transferred, exchanged, gifted, or conveyed in any form to any other individual, entity, collection agency, law firm, debt buyer, trust, securitization vehicle, or third party of any kind, now or in the future. Any attempt to transfer this account following the execution of this settlement shall be considered a material breach and subject to immediate legal action; and\\n\\n(6) Monetary compensation of $1,000 in statutory damages under 15 U.S.C.  1692k for willful FDCPA violations \\n\\nwithin 30 days of this filing.\\n\\nFailure to comply with all six demands within 30 days will be construed as NES\\'s election to proceed to full regulatory enforcement, civil litigation, and concurrent state agency action  all of which Complainant is fully prepared to pursue.\\n\\nVII. SUPPORTING DOCUMENTATION\\nExhibit A  CFPB Primary Complaint Case XXXX XXXX XXXX XXXX XXXXnExhibit B  Demand for Accurate Credit Reporting / Dispute Letter and Validation of Debt Demand, XXXX XXXX XXXX\\nExhibit C  Notice of Intent to File Regulatory Complaints, XXXX XXXX XXXX  (with USPS Certified Mail receipt, Tracking XXXX XXXX XXXX XXXX XXXX XXXX XXXX\\nExhibit D  Government-issued identification\\n\\nVIII. CERTIFICATION\\nI, Richard XXXX XXXX XXXX XXXX, declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief. I am the consumer identified above, I am acting Pro Se, and I have personal knowledge of all facts stated herein.\\n\\nSignature: XXXX XXXX XXXX XXXX e-signed\\nPrinted Name: XXXX XXXX XXXX XXXX XXXX \\nDate: XXXX XXXX XXXX\\n\\nIX. CLOSING STATEMENT\\nNational Enterprise Systems, Inc. has had six months to do what the law requires. Six months to send a validation notice. Six months to produce a chain of title. XXXX  months to provide securitization documentation. XXXX  months to produce a bill of sale. XXXX  months to apply a XXXX  2 dispute flag. XXXX  months to respond to a written dispute. XXXX  months to answer a formal Notice of Intent.\\n\\nThey chose silence instead.\\n\\nThat silence has a cost  measured in XXXX  credit score points lost, in financial opportunity destroyed, and in the dignity of a XXXX XXXX consumer who fought back methodically, lawfully, and without wavering when most would have walked away. This is what NES hopes the majority of consumers will do. In fact, it Is the backbone of the debt collection industry.  This complainant is not walking away.\\n\\nConcurrent referrals directed to:\\n\\nCFPB Office for Older Americans  referencing Case XXXX XXXX XXXX XXXX XXXX XXXX Unit & Consumer Protection Section\\XXXX  Department of Aging'","date_sent_to_company":"2026-04-22T15:53:47.000Z","issue":"Attempts to collect debt not owed","sub_product":"Credit card debt","zip_code":"43402","tags":"Older American","has_narrative":true,"complaint_id":"21485406","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"National Enterprise Systems, Inc.","date_received":"2026-04-22T15:10:39.000Z","state":"OH","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["\\n\\nFor a XXXX-<em>year</em>-old elder consumer managing fixed-income financial pressures and serious health challenges, this <em>credit</em> damage is not an inconvenience. It is a crisis that affects access to <em>credit</em>, housing eligibility, insurance premiums, and basic financial dignity.\\n\\nV. <em>STATUTE</em> OF <em>LIMITATIONS</em>  PRESERVATION NOTICE\\nComplainant expressly files this supplemental complaint to preserve all rights under the FDCPA\\'s one-<em>year</em> <em>statute</em> of <em>limitations</em> pursuant to 15 U.S.C.  1692k(d)."],"sub_product":["<em>Credit</em> <em>card</em> debt"]},"sort":[7.7784824,"21485406"]},{"_index":"complaint-public-v1","_id":"15976263","_score":7.5640907,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear CFPB, I am filing this complaint regarding multiple inaccurate, unverifiable, and unauthorized items on my credit report. These items violate the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) and Fair Debt Collection Practices Act ( FDCPA 15 U.S.C. 1692 ). The continued reporting of these items has caused significant harm to my credit score, financial opportunities, and personal well-being. I demand immediate investigation, validation, and deletion of all unverifiable or inaccurate items. \nAccount Issues ( Charge Offs and Inaccuracies ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX Date Opened : XX/XX/XXXX High Credit : {$2000.00} Charge Off This account is being inaccurately reported as a charge off. The reporting lacks full documentation of original signed contract, payment history validation, and chain of custody of the account. Under FCRA 609 ( a ) ( 1 ), I am entitled to original documentation to verify this account. Failure to provide such is grounds for deletion. Story : This account is over 9 years old and has long exceeded the reasonable statute of limitations in my state. Yet it continues to reappear as a charge off, unfairly harming my score. I have repeatedly requested validation and none has been given. This makes it impossible for me to qualify for fair credit rates, and it has even affected my ability to refinance my vehicle loan. \nXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  Date Opened : XX/XX/XXXX High Credit : {$1900.00} Charge Off This account is also being reported as a charge off without proper verification. According to FCRA 611 and FDCPA 807 ( 8 ), debt collectors and furnishers may not report information they know to be false or unverifiable. XXXX : This account is from XXXX, and I no longer have any records or statements on it. If the furnisher can not provide original signed contracts and full history, it should not remain on my report. Having this old, unverifiable charge off makes me look like a high-risk borrower even though I have worked hard to rebuild my credit. This is blocking me from mortgage pre-approvals and better loan opportunities. \nXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  Date Opened : XX/XX/XXXX High Credit : {$2000.00} Charge Off This account is not properly validated and continues to appear with negative reporting. Without furnishing original signed agreements, full payment history, and proper validation, this reporting is illegal. FCRA 623 ( a ) ( 1 ) ( A ) requires furnishers to report accurate information only. Story : XXXX Bank has refused to provide full validation. I was never given a breakdown of charges, late fees, or even proof that the balance is accurate. This shows they are reporting incomplete and inaccurate information. This charge off has followed me for years, hurting every attempt I make to secure credit for basic needs like auto loans and credit cards. \nXXXX XXXXXXXX XXXX XXXX XXXX XXXX  Date Opened : XX/XX/XXXX High Credit : {$400.00} Charge Off This charge off is being reported in error and without proper investigation. FCRA 611 ( b ) requires reinvestigation of disputed items. Story : This XXXX account was closed years ago and should not still be appearing as a charge off. The balance reported is inaccurate and no original contract or signed application has ever been produced. I am being punished for an account that is not even validated. Because of this small {$400.00} account, my creditworthiness has been destroyed in situations where lenders look at charge offs more harshly than collections. This false report is completely unfair and unlawful. \nXXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX High Credit : {$1000.00} Charge Off * * This XXXX  account is inaccurately reported. No signed contract or detailed records have been provided. FCRA 611 requires reinvestigation, but I was given a generic verified result without evidence. Story : I tried to resolve this directly with the bank, but they never gave me real proof. This account was reported as a charge off too quickly and unfairly. As a result, my creditworthiness has been destroyed when applying for retail and department store credit lines. Employers also check my report and this false entry has already impacted my job opportunities. \nXXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX High Credit : {$610.00} Charge Off * * This XXXXXXXX XXXX XXXX account is reported as a charge off without validation. FCRA 609 requires proof of contract and history. Story : I never received a proper validation letter from the furnisher. The account was charged off unusually quickly, suggesting either an error or unfair reporting practices. This false negative item has damaged my credit score significantly. I have faced embarrassment when trying to open a simple checking account because the bank flagged me as high risk after seeing this charge off. \nXXXX XXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX High Credit : {$740.00} Charge Off * * This XXXX XXXXXXXX charge off is one of the most harmful items because it comes from a major bank. Lenders view this as a serious risk. Story : I disputed this account and requested full documentation, but XXXX XXXX never produced original signed agreements or chain of title. The account is unverifiable, yet it remains on my report. Because of this false negative, I was denied a mortgage pre-approval. The impact is not just financial but also emotional, as I can not move forward with buying a home due to inaccurate reporting. \nXXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$1300.00} | Charge Off * * This account is a duplicate entry, appearing twice on my credit report. Reporting duplicates inflates my alleged delinquency unfairly and violates FCRA 607 ( b ). Story : The same account is listed twice, making it appear that I have multiple defaults when it is only one. This has directly lowered my credit score, caused multiple loan rejections, and created unnecessary stress. The duplicity shows gross negligence by the furnisher and credit bureau. \nXXXX XXXXXXXX XXXX XXXX  Date Opened : XX/XX/XXXX | High Credit : {$1300.00} | Charge Off * * This is the duplicate of the above account. Story : Having this account listed twice exaggerates negative reporting and misrepresents my financial behavior. I never authorized multiple listings, and no validation was ever provided. This has harmed my ability to secure even small personal loans, as lenders perceive multiple charge-offs. Immediate removal is required. \nXXXX XXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$710.00} | Charge Off * * This account is reported as a charge-off but lacks proper validation and proof of original contract. Under FCRA 609 ( a ) ( 1 ), I am entitled to original documents. Story : Despite multiple disputes, XXXX XXXX has not supplied signed agreements or payment history. This false reporting has affected my mortgage pre-approvals and access to affordable credit. It creates a false impression of irresponsibility, causing financial and emotional damage. \nXXXX XXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$490.00} | Charge Off * * This account is very old and may exceed the 7-year reporting limit under FCRA 605 ( a ). Story : Reporting this outdated account as a charge-off is unlawful and unfair. It is unverifiable because the creditor can not produce full records. Its continued presence has caused rejection of bank accounts and credit card applications, and shows reckless reporting by the bureau. \nXXXX XXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$630.00} | Charge Off * * This account lacks proper documentation. Story : The creditor has not provided signed agreements or account history. Reporting this as a charge-off without validation is a violation of FCRA 611 ( a ) ( 1 ) and shows reckless disregard for accuracy. This false reporting has impacted my credit score, leading to higher interest rates and denied applications. \nXXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$640.00} | Charge Off * * This account is inaccurately reported. Story : The furnisher has failed to validate the debt or produce original documentation. This misleading reporting portrays me as a delinquent borrower. I was denied financing for essential household needs because lenders interpreted this charge-off as proof of irresponsible behavior. It is damaging and unnecessary. \nXXXX XXXXXXXX XXXX XXXX  Date Opened : XX/XX/XXXX | High Credit : {$510.00} | Charge Off * * This account is reported without proper validation. Story : XXXX has not provided original contracts or statements. Reporting unverifiable accounts violates FCRA 623 ( b ) ( 1 ). The accounts presence has damaged my credit score, blocked me from fair financing, and caused repeated stress and embarrassment. \nXXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$570.00} | Charge Off * * This account is inaccurate and unverifiable. Story : XXXX has not provided any proof of account ownership, payment history, or signed agreements. The accounts presence has lowered my credit score, blocked approval for retail and personal loans, and caused undue stress. Reporting unverifiable accounts violates FCRA 611 ( a ) ( 1 ) and 623 ( a ) ( 1 ) ( A ). \nXXXX XXXX XXXXXXXX * * Date Opened : XX/XX/XXXX | High Credit : {$660.00} | Charge Off * * This account is reported without documentation. Story : XXXXXXXX XXXX  has not validated the debt or shown signed agreements. The false reporting misleads lenders into believing I am delinquent, resulting in higher interest rates and repeated credit denials. This violates FCRA 623 ( a ) ( 1 ) ( A ) and constitutes reckless reporting. \nXXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$430.00} | Charge Off * * This account is unverified. Story : XXXX XXXX has failed to produce original contracts or payment history. The charge-off is reported without verification, misrepresenting my financial responsibility. Because of this, lenders have rejected my loan applications, and I have been forced into high-cost alternatives for necessary credit. This violates FCRA 611. \nXXXX XXXXXXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$540.00} | Charge Off * * This account is inaccurately reported and unverified. Story : XXXX XXXX has not supplied documentation to validate this debt. Reporting this account as a charge-off is misleading and harmful. The repeated appearance of unverified accounts on my credit report creates a false impression of financial irresponsibility and has prevented me from accessing credit that I rightfully deserve. This violates FCRA 623 ( b ) ( 1 ) .XXXX XXXX XXXX XXXX XXXX Date Opened : XX/XX/XXXX | High Credit : {$460.00} | Charge Off * * This account is inaccurately reported. Story : XXXX has not provided any documentation validating this debt. Reporting an unverifiable charge-off violates FCRA 611 ( a ) ( 1 ) and 623 ( a ) ( 1 ) ( A ). The negative reporting has harmed my creditworthiness, caused denial of loans, and created undue stress. The account must be immediately deleted until validation is provided. \nConclusion : All of the above items wrong addresses, unverifiable charge-offs, duplicate entries, and unauthorized inquiries are inaccurate, misleading, and harmful. Their continued reporting misrepresents my financial history, lowers my credit score, and denies me access to fair credit. Under FCRA 607 ( b ), 609 ( a ), 611, 623, I demand immediate reinvestigation, verification, and permanent deletion of all unverifiable or unauthorized items.","date_sent_to_company":"2025-09-16T17:06:30.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"08060","tags":null,"has_narrative":true,"complaint_id":"15976263","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-09-16T17:03:50.000Z","state":"NJ","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Story : This account is over 9 years old and has long exceeded the reasonable <em>statute</em> of <em>limitations</em> in my state. Yet it continues to reappear as a charge off, unfairly harming my score. I have repeatedly requested validation and none has been given. This makes it impossible for me to qualify for fair <em>credit</em> rates, and it has even affected my ability to refinance my vehicle loan."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[7.5640907,"15976263"]},{"_index":"complaint-public-v1","_id":"7721741","_score":6.304129,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and Equifax continue to report inaccurate information on my consumer account listed XXXX XXXX XXXX. There are several inconsistencies and they do not have consent to report the information. \n\nDate Opened : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Last Reported : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Comments : - - Credit card Amount in XXXX XXXX is credit limit Date Last Active : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Each reporting agency must provide an opt out notice to each consumer in a timely manner. A consumer can not be late on an open ended consumer plan and they need my written consent to produce a consumer report on me. I asking that each provide me with the documentation I signed that gives them the authority to produce this alleged report.\n\n17 CFR 248.124 - Reasonable opportunity to opt out.\n\nCFR prev | next 248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after September 30, 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).\n\n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.\n\n( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.\n\n( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.\n\n( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.\n\n( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on January 1, 2003 ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).\n\n( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes. \n\n( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.","date_sent_to_company":"2023-10-18T17:46:08.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7721741","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-10-18T17:46:01.000Z","state":"TX","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 4 ) <em>Limitation</em> on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by <em>statute</em>, regulation, or order."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[6.304129,"7721741"]},{"_index":"complaint-public-v1","_id":"8226083","_score":6.300907,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Upon going over my credit report I noticed plenty of inaccuracies listed. Per the 15usc1681, permissible purpose i did not grant access to anyone. Any and all inquiries not attached to an active account need to be removed immediately. ( a ) IN GENERAL Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. \n( 2 ) In accordance with the written instructions of the consumer to whom it relates. \n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR EMPLOYMENT PURPOSES ( 1 ) CERTIFICATION FROM USER A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) DISCLOSURE TO CONSUMER ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. \n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. \n( 3 ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title. \n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a tollfree telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title. \n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. \n( 4 ) EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( XXXX ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding. \n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought. \n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank. \n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders. \n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised. \n( c ) FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT INITIATED BY CONSUMER ( 1 ) IN GENERAL A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing. \n( 2 ) LIMITS ON INFORMATION RECEIVED UNDER PARAGRAPH ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity. \n( 3 ) INFORMATION REGARDING INQUIRIES Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) RESERVED ( e ) ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS ( 1 ) IN GENERAL A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer. \n( 2 ) MANNER OF NOTIFICATION A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH SYSTEM Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) EFFECTIVENESS OF ELECTION An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) NOTIFICATION SYSTEM ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ). \n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates. \n( 6 ) NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE NATIONWIDE Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies. \n( f ) CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITED A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section ; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification. \n( g ) PROTECTION OF MEDICAL INFORMATION ( 1 ) LIMITATION ON CONSUMER REPORTING AGENCIES A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) LIMITATION ON CREDITORS Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.\n\n( 3 ) ACTIONS AUTHORIZED BY FEDERAL LAW, INSURANCE ACTIVITI\nES AND REGULATORY DETERMINATIONS Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on XX/XX/XXXX ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ). \n( 4 ) LIMITATION ON REDISCLOSURE OF MEDICAL INFORMATION Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) REGULATIONS AND EFFECTIVE DATE FOR PARAGRAPH ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.\n( 6 ) COORDINATION WITH OTHER LAWS.\n\ni also hereby opt out of any and all authorization i the consumer may have given you, written, non-written, verbal non-verbal per 15USC6802 ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. \n( XXXX ) EXCEPTION This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. \n( c ) LIMITS ON REUSE OF INFORMATION Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. \n( d ) LIMITATIONS ON THE SHARING OF ACCOUNT NUMBER INFORMATION FOR MARKETING PURPOSES A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. \n( XXXX ) GENERAL EXCEPTIONS Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. \n3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter XXXX of XXXX XXXX of title XXXX, and XXXX XXXX  of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. \n( Pub. L. 106102, title V, 502, XXXX XXXX, XXXX, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), XX/XX/XXXX, 124 Stat. 2095. )","date_sent_to_company":"2024-01-26T03:00:26.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8226083","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-01-26T02:29:46.000Z","state":"HI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 4 ) <em>LIMITATION</em> ON REDISCLOSURE OF MEDICAL INFORMATION Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by <em>statute</em>, regulation, or order."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[6.300907,"8226083"]},{"_index":"complaint-public-v1","_id":"7721973","_score":6.2996387,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Tranunion, XXXX, and XXXX continue to report inaccurate information on my consumer account listed XXXX XXXX XXXX. There are several inconsistencies and they do not have consent to report the information. \n\nDate Opened : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Last Reported : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Comments : - - Credit card Amount in H/C column is credit limit Date Last Active : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Each reporting agency must provide an opt out notice to each consumer in a timely manner. A consumer can not be late on an open ended consumer plan and they need my written consent to produce a consumer report on me. I asking that each provide me with the documentation I signed that gives them the authority to produce this alleged report. \n17 CFR 248.124 - Reasonable opportunity to opt out.\n\nCFR prev | next 248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. \n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank. \n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).\n\n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.\n\n( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.\n\n( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.\n\n( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.\n\n( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on January 1, 2003 ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).\n\n( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.\n\n( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.","date_sent_to_company":"2023-10-18T17:45:56.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7721973","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-10-18T17:16:59.000Z","state":"TX","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":["( 4 ) <em>Limitation</em> on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by <em>statute</em>, regulation, or order."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[6.2996387,"7721973"]},{"_index":"complaint-public-v1","_id":"7721709","_score":6.2996387,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, Experian, and XXXX continue to report inaccurate information on my consumer account listed XXXX XXXXXXXX XXXX. There are several inconsistencies and they do not have consent to report the information. \n\nDate Opened : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Last Reported : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Comments : - - Credit card Amount in XXXX XXXX  is credit limit Date Last Active : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Each reporting agency must provide an opt out notice to each consumer in a timely manner. A consumer can not be late on an open ended consumer plan and they need my written consent to produce a consumer report on me. I asking that each provide me with the documentation I signed that gives them the authority to produce this alleged report.\n\n17 CFR 248.124 - Reasonable opportunity to opt out.\n\nCFR prev | next 248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. \n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. \n15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. \n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. \n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection wit\nh that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title. \n( B ) Application by mail, telephone, computer, or other similar means ( XXXX ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. \n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security resp\nonsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank. \n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders. \n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised. \n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ). \n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.\n\n( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that\ncompiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.\n\n( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.\n\n( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains s\nolely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this\ntitle.\n\n( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.\n\n( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the XXXX XXXX XXXX XXXX XXXX ( as in effect on XX/XX/XXXX ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).\n\n( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the pu\nrpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict\nthe use of medical information for inappropriate purposes.\n\n( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.","date_sent_to_company":"2023-10-18T17:46:08.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7721709","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-10-18T17:46:01.000Z","state":"TX","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":["( 4 ) <em>Limitation</em> on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the pu\nrpose for which the information was initially disclosed, or as otherwise permitted by <em>statute</em>, regulation, or order."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[6.2996387,"7721709"]},{"_index":"complaint-public-v1","_id":"8227003","_score":6.2925234,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Upon going over my credit report I noticed plenty of inaccuracies listed. Per the 15usc1681, permissible purpose i did not grant access to anyone. Any and all inquiries not attached to an active account need to be removed immediately. ( a ) IN GENERAL Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. \n( 2 ) In accordance with the written instructions of the consumer to whom it relates. \n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. \n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. \n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. \n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. \n( 6 ) To the Federal Deposit Insurance Corporation or the XXXX XXXX XXXX XXXX as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR EMPLOYMENT PURPOSES ( 1 ) CERTIFICATION FROM USER A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title. \n( 2 ) DISCLOSURE TO CONSUMER ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a tollfree telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank. \n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under XXXX Order No. XXXX or successor orders. \n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised. \n( c ) FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT INITIATED BY CONSUMER ( 1 ) IN GENERAL A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing. \n( 2 ) LIMITS ON INFORMATION RECEIVED UNDER PARAGRAPH ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) INFORMATION REGARDING INQUIRIES Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) RESERVED ( e ) ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS ( 1 ) IN GENERAL A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) MANNER OF NOTIFICATION A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH SYSTEM Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) EFFECTIVENESS OF ELECTION An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency. \n( 5 ) NOTIFICATION SYSTEM ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ). \n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates. \n( 6 ) NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE NATIONWIDE Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies. \n( f ) CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITED A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section ; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification. \n( g ) PROTECTION OF MEDICAL INFORMATION ( 1 ) LIMITATION ON CONSUMER REPORTING AGENCIES A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title. \n( 2 ) LIMITATION ON CREDITORS Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit. \n( 3 ) ACTIONS AUTHORIZED BY FEDERAL LAW, INSURANCE ACTIVITIES AND REGULATORY DETERMINATIONS Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the XXXX XXXX XXXX XXXX XXXX ( as in effect on XX/XX/XXXX ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ). \n( 4 ) LIMITATION ON REDISCLOSURE OF MEDICAL INFORMATION Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) REGULATIONS AND EFFECTIVE DATE FOR PARAGRAPH ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.\n\n( 6 ) COORDINATION WITH OTHER LAWS.\n\ni also hereby opt out of any and all authorization i the consumer may have given you, written, non-written, verbal non-verbal per 15USC6802 ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) EXCEPTION This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) LIMITS ON REUSE OF INFORMATION Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) LIMITATIONS ON THE SHARING OF ACCOUNT NUMBER INFORMATION FOR MARKETING PURPOSES A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) GENERAL EXCEPTIONS Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C.\n\n3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. )","date_sent_to_company":"2024-01-26T03:00:37.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8227003","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-01-26T03:00:32.000Z","state":"HI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 4 ) <em>LIMITATION</em> ON REDISCLOSURE OF MEDICAL INFORMATION Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by <em>statute</em>, regulation, or order."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[6.2925234,"8227003"]},{"_index":"complaint-public-v1","_id":"8227002","_score":6.2814245,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Upon going over my credit report I noticed plenty of inaccuracies listed. Per the 15usc1681, permissible purpose i did not grant access to anyone. Any and all inquiries not attached to an active account need to be removed immediately. ( a ) IN GENERAL Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. \n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. \n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. \n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR EMPLOYMENT PURPOSES ( 1 ) CERTIFICATION FROM USER A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) DISCLOSURE TO CONSUMER ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a tollfree telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank. \n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. XXXX or successor orders. \n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised. \n( c ) FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE NOT INITIATED BY CONSUMER ( 1 ) IN GENERAL A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing. \n( 2 ) LIMITS ON INFORMATION RECEIVED UNDER PARAGRAPH ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) INFORMATION REGARDING INQUIRIES Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) RESERVED ( e ) ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS ( 1 ) IN GENERAL A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) MANNER OF NOTIFICATION A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH SYSTEM Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) EFFECTIVENESS OF ELECTION An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency. \n( 5 ) NOTIFICATION SYSTEM ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency XXXX be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ). \n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates. \n( 6 ) NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE NATIONWIDE Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies. \n( f ) CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITED A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section ; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification. \n( g ) PROTECTION OF MEDICAL INFORMATION ( 1 ) LIMITATION ON CONSUMER REPORTING AGENCIES A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) LIMITATION ON CREDITORS Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit. \n( 3 ) ACTIONS AUTHORIZED BY FEDERAL LAW, INSURANCE ACTIVITIES AND REGULATORY DETERMINATIONS Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the XXXX XXXX XXXX XXXX XXXX ( as in effect on XX/XX/XXXX ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ). \n( 4 ) LIMITATION ON REDISCLOSURE OF MEDICAL INFORMATION Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) REGULATIONS AND EFFECTIVE DATE FOR PARAGRAPH ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.\n\n( 6 ) COORDINATION WITH OTHER LAWS.\n\ni also hereby opt out of any and all authorization i the consumer may have given you, written, non-written, verbal non-verbal per 15USC6802 ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) EXCEPTION This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) LIMITS ON REUSE OF INFORMATION Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) LIMITATIONS ON THE SHARING OF ACCOUNT NUMBER INFORMATION FOR MARKETING PURPOSES A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) GENERAL EXCEPTIONS Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C.\n\n3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. )","date_sent_to_company":"2024-01-26T03:00:37.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8227002","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-01-26T03:00:32.000Z","state":"HI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 4 ) <em>LIMITATION</em> ON REDISCLOSURE OF MEDICAL INFORMATION Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by <em>statute</em>, regulation, or order."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[6.2814245,"8227002"]},{"_index":"complaint-public-v1","_id":"12282665","_score":6.072252,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"In XXXX XXXX, a data breach at XXXX XXXX exposed the credit card information of nearly XXXX XXXX people. The breach may have included names, addresses, credit card numbers, and expiration dates. XXXX XXXX is a payment-processing company that provides software to merchants. \n\nIn XXXX and XX/XX/XXXX, XXXX XXXX notified customers of several third-party data breaches that impacted client account numbers. The breaches allowed unknown parties to access customer information through third-party systems. \n\nXXXX : XXXX  XXXX ( XXXX XXXX Customers Exposed ) XXXX  XXXX, the fifth-largest credit card issuer in the Unites States , revealed in XX/XX/XXXX that a hacker accessed the personal information of around XXXX XXXX customers and applicants in the XXXX and XXXX days ago 15 U.S. Code 1681e - Compliance procedures U.S. Code Notes prev | next ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.\n\n( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. \n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ). \n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).\n\n( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( Pub. L. 90321, title VI, 607, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1130 ; amended Pub. L. 104208, div. A, title II, 2407, Sept. 30, 1996, 110 Stat. 3009435 ; Pub. L. 105107, title III, 311 ( b ), Nov. 20, 1997, 111 Stat. 2256 ; Pub. L. 111203, title X, 1088 ( a ) ( 2 ) ( A ), July 21, 2010, 124 Stat. 2087. ) 15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. \n( XXXX ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. XXXX or successor orders. \n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised. \n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of XXXX, or, if the date of birth on the consumer report shows that the consumer has not attained the age of XXXX, such consumer consents to the consumer reporting agency to such furnishing. \n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer. \n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ). \n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates. \n\n( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.\n\n( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.\n\n( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.\n\n( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on XX/XX/XXXX ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of XXXX, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).\n\n( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.\n\n( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.","date_sent_to_company":"2025-03-02T20:48:48.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"70433","tags":null,"has_narrative":true,"complaint_id":"12282665","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2025-03-02T20:32:28.000Z","state":"LA","company_public_response":null,"sub_issue":"Was not notified of investigation status or results"},"highlight":{"complaint_what_happened":["In XXXX XXXX, a data breach at XXXX XXXX exposed the <em>credit</em> <em>card</em> information of nearly XXXX XXXX people. The breach may have included names, addresses, <em>credit</em> <em>card</em> numbers, and expiration dates. XXXX XXXX is a payment-processing company that provides software to merchants. \n\nIn XXXX and XX/XX/XXXX, XXXX XXXX notified customers of several third-party data breaches that impacted client account numbers."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[6.072252,"12282665"]},{"_index":"complaint-public-v1","_id":"6924561","_score":6.0641704,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"They are reporting negative or late payments. All 3 credit bureaus including credit Karma showing my credit line amounts. Skip to content XXXX XXXX XXXX XXXX XXXX XXXX In Search XXXX Call Today : ( XXXX ) XXXX Fair Credit Reporting Act : Common Violations and Your Rights Updated : XX/XX/XXXX | XXXX XXXX XXXX Credit Card Debt Relief Credit Counseling How to Increase Credit Score Fair Credit Reporting Act : Common Violations and Your Rights A consumers financial future can rise and fall on whats in their credit report so keeping a close eye on the contents should be important to everyone. Credit reports are used to decide who gets a loan, a credit card, a job, or even an apartment to rent, so few things are more crucial than having a credit report free of errors. \n\nStill, credit report errors are made, and the consequences can be devastating. Thats why its vital to look at your credit report at least once a year and make sure all the information in it, is accurate. Federal law allows you to get a free credit report from each of the three major reporting bureaus by signing up at XXXX. \n\nThe Fair Credit Reporting Act of 1970 Recognizing the life-altering power of credit information, Congress adopted the Fair Credit Reporting Act ( FCRA ) in 1970 to protect consumers and regulate how credit information is used and disseminated. The law gives consumers the right to know whats in their credit reports and free access to the information credit rating agencies use to assign credit scores. \n\nThe FCRA also requires that anyone who denies a person credit, insurance or employment because of what is in their credit report, tell you where they got the information and how to contact the issuer. \n\nThe Federal Trade Commission enforces the FCRA. The Dodd-Frank Act transferred most of the rulemaking responsibilities to the Consumer Financial Protection Bureau XXXX but the FTC still retains enforcement authority. \n\nThe nations three largest credit reporting agencies XXXX, XXXX and TransUnion are required by law to do everything in their power to accurately gather and report consumer information. Together, they keep files on more than 200 million Americans and issue more than three billion reports a year.\n\nGiven the volume of information, its inevitable that errors occur. The FCRA gives consumers the means to detect inaccuracies in their reports and file complaints. It also requires reporting agencies to investigate and correct bogus information. \n\nMistakes are often clerical, but sometimes theyre the result of old information reported as current. XXXX XXXX XXXX XXXXXXXX reported the troubles of a Mississippi woman whose {$40000.00} second-mortgage debt was discharged through a bankruptcy filing in XXXX. But four years later, the debt appeared on her report as unpaid. She tried repeatedly to get the error removed, but it took intervention from Mississippis attorney general to have her report corrected. \n\nCases like that are common. State attorneys investigate FCRA complaints and many have consumer information on their web pages to let people know what their rights are and the steps to take if they uncover erroneous information. \n\nCommon violations of the FCRA include : Failure to update reports after completion of bankruptcy is just one example. Agencies might also report old debts as new and report a financial account as active when it was closed by the consumer. \nCreditors give reporting agencies inaccurate financial information about you. \nReporting agencies mixing up one persons information with anothers because of similar ( or same ) name or social security number. \nAgencies fail to follow guidelines for handling disputes. \nPulling your report for an impermissible purpose. For instance, viewing a credit report to determine if you have assets before filing certain kinds of lawsuits. \nFailing to send you notifications about your credit report or score in violation of the FCRA. \nReporting agencies providing information to unauthorized persons or businesses. \nNot all FCRA actions are the result of errors or poorly maintained files. For example, the XXXX XXXX XXXX reported about a data broker that agreed to pay {$800000.00} in a settlement with the Federal Trade Commission for allegations he illegally sold personal information to human resources, background screening and recruiting companies. \n\nYour Rights Under the Fair Credit Reporting Act If youre turned down for credit or have some other reason to suspect that a credit report might have erroneously damaged you, get the name of the national credit agency that provided the report. A landlord who turned you down for bad credit or a bank that denied you a credit card will tell you which agency issued the report. \n\nNext, contact the agency and request a copy of the report. Keep in mind that if the report contains incorrect information, other agencies could be using the same information in their reports. The agency that provided the information must supply you with its report within 30 days of the denial for free. Otherwise, it can charge a fee to see a report. \n\nIf you find inaccurate or outdated information, notify the credit reporting agency in writing, explaining the error and demanding that it be immediately corrected. If the agency investigates and does nothing, and if you are still sure the report contains errors, contact the Federal Trade Commission or the state attorney generals office nearest you. \n\nIts important to know your rights under the Fair Credit Reporting Act : You have a right to know whats in your file. Contact the credit-rating agency that issued a report that was used to deny you credit, housing or employment. Youre entitled to a free report for any of these reasons : Information was used against you ; you are a victim of identity theft and place a fraud alert on your file ; your file contains inaccurate information that resulted from fraud ; youre on public assistance or you have been unemployed but expect to apply for work within 60 days. \nIf you have been the victim of identity theft, you are entitled to ask businesses for a copy of transaction records relating to the theft of your identity. For example, loan or credit card applications. You also may authorize law enforcement agencies to request the information. Businesses must provide it within 30 days of receiving the request. Some companies are reluctant to release this information claiming it is proprietary information or that they are protecting the consumer. However, the FCRA states that businesses are required to provide applications and business transaction records to help victims document fraudulent charges. The FTC outlines the obligations for businesses here. \nYou have a right to ask for your credit score. Credit reporting agencies provide these. In some instances, mortgage lenders will tell you your score when you apply for a loan. Also, some credit card issuers now include up-to-date scores in their monthly statements. \nYou have a right to dispute incomplete or inaccurate information in your report. \nCredit reporting agencies are obliged to correct or delete inaccurate, incomplete or unverifiable information. \nReporting agencies must not disseminate outdated negative information. \nInformation in your file is limited to those with a valid need for it. \nYou must give written consent for credit agencies to send your credit report to employers. \nIf your rights have been violated under the FCRA, you are entitled to seek actual or statutory damages, recover attorneys fees and court costs and request punitive damages. \n\nFair Credit Reporting Act Violations There are several common violations of the Fair Credit Reporting Act, involving both the thousands of companies reporting information and the three major bureaus taking the information and assigning it to your credit report. \n\nSome of the common violations include : Furnishing and Reporting Old Information When your credit circumstances change, your credit report must be updated. If its not, thats a violation. How could some violations occur? \n\nReporting a debt as charged off, when it was settled or paid off. \nReporting late payments when your payments were timely. \nReporting old debts as new ones. \nReporting that an account was active after it was voluntarily closed by a consumer. \nFailure to report that a debt was discharged in bankruptcy. \nReporting information that is more than seven years old ( when XXXX XXXX bankruptcy notices should lapse ) or 10 years old ( XXXX XXXX bankruptcy ). \nInaccurate statement of balance due. \nFailing to have a reasonable procedure for you to report identity theft ( or supplying credit information on an account where identity theft was previously reported ). \nMixing Files Mixing files with someone else who has similar background information ( sometimes as careless as failing to distinguish the Jr. and Sr. in similar surnames ). \n\nDebt Dispute Procedures for Credit Bureaus When submitting a written dispute about the accuracy of your credit report, the credit bureaus must follow proper procedures, such as conducting an investigation, correcting inaccuracies or removing a disputed debt. Sometimes, agencies fall short in these areas. \n\nDebt Dispute Violations for Creditors Creditors are obligated to note every disputed debt and submit corrected information, stop submitting incorrect information when it has been reported, conduct an internal investigation of disputes within 30 days and provide a reasonable procedure to submit a written dispute or report of identity theft. \n\nPrivacy Violations Your credit report can be disclosed only to entities with a valid need, such as creditors, landlords, insurance providers, utility companies and employers ( with your consent ). Its also a violation to pull a credit report for an impermissible purpose, such as determining if you are collectible in a lawsuit, an employer pulling the report without permission or a creditor on a discharged debt in bankruptcy using the report to check on your current financial activity. \n\nWithholding Notices You must be given notice on the reporting, handling and use of your credit information. Violations could include : A creditor failing to notify you when it supplies negative credit information. \nA user of credit information ( prospective employer or lender ) failing to notify you of a negative decision based upon your credit report. Or that user of credit information refusing to identify the source of credit information it obtained about you. \nA creditor failing to provide your credit score if it was used as part of any credit decision. \nA creditor failing to notify you of your right to obtain a free credit report. \nIts important to be educated and know your Fair Credit Reporting Act rights. \n\nRecovering Damages for FCRA Violations The information covered under the Fair Credit Reporting Act is so critical to the financial health of an individual that when violations of the FCRA occur, the victim can file suit and collect for damages. \n\nThe extent to which a victim can be compensated depends largely on whether the violation was willful or negligent. The parties responsible for possible violations include credit reporting agencies, businesses furnishing the information to credit agencies or someone using information off the credit report to make a decision about a job, or housing. \n\nWillful FCRA Violations These are the more serious violations and more highly compensated because it means the agency, business or individual was aware their actions would cause harm to you, but went ahead and did them anyway. \n\nThe types of damages that can be compensated here include : Actual damages. These are damages that can be proved because of harm caused by an action or failure to act by the agency, business or individual. There is no limit to how high an award can be. \nStatutory damages. These are damages that dont require proof, but the compensation is limited to somewhere between {$100.00} and {$1000.00}. \nPunitive damages. These are awarded to punish an agency, business or individual and deter them from violating the FCRA again. There is no limit on how much can be awarded. \nAttorney fees and court costs. You can have the cost of litigating the matter covered if you win your case. \nNegligent FCRA Violations When an agency, business or individual fails to exercise proper care or takes action that a reasonable person would not with regard to your credit information, that is negligent behavior and money damages can result. \n\nThe types of damages available are the same as with willful violations, namely actual damages ( no limit ) ; statutory damages ( usually between {$100.00} and {$1000.00} ) ; punitive damages ( no limit ) and attorney fees and court costs. \n\nFrivolous FCRA XXXX XXXX XXXX reporting bureaus have the right to terminate investigations of violations if the agency determines that the consumers complaint is frivolous or irrelevant. \n\nTypically, this happens when the consumer fails to offer sufficient information to investigate the disputed information. \n\nThey also may lose a court case if they filed suit in bad faith or to harass an agency, business or individual. If this happens, the consumer may be required to pay the attorney fees for filing bad faith papers.\n\nDeadlines Here are four key deadlines to remember when dealing with the Fair Credit Reporting Act. \n\nInaccurate information must be corrected or deleted within 30 days of your dispute ( or up to 45 days if you provide additional information after submitting your written dispute ). \nBusinesses or other information furnishers must tell you about any negative information reported to the credit bureaus within 30 days. \nThe statute of limitations for filing a suit is two years after the date you discovered a violation or within five years of the date of the violation. \nXXXXXXXX XXXX XXXX  The three major credit bureaus are required to provide you with one free copy of your credit report every year, if you request it. You must properly identify yourself, of course. The Web site XXXX is a prime place to obtain your free annual credit report. \n\nIn some cases, the credit bureaus also must provide you with another free copy of your credit report if : A business has denied your application or charged a higher interest rate because of information in your credit report. \nYoure unemployed and planning to look for a job within the next 60 days. \nYoure on welfare. \nYouve been a victim of identity theft ( or if your credit report contains inaccurate information because of identity theft ). \nOther Credit Reporting Agencies There is much emphasis on the three nationwide consumer reporting companies XXXX, XXXX and TransUnion but its useful to know there are other sources of consumer reporting information. \n\nThe Consumer Financial Protection Bureau has published a list of other companies that self-identify as consumer reporting agencies. These companies collect information and provide reports to other companies about you in the areas of credit, employment, residential rental housing, insurance and other decision-making situations. Its worth a look to determine which of the companies could be important to you. \n\nThis list, while not all-inclusive, has been independently verified by the CFPB. \n\nMeanwhile, here are the best contact numbers for the XXXX nationwide consumer reporting companies : XXXX : ( XXXX ) XXXXXXXX XXXX XXXX  ( XXXX ) XXXX TransUnion : ( XXXX ) XXXX Problems with credit reporting bureaus are not unusual. Getting timely corrections on mistakes on your credit report can be difficult, but is worth pursuing. \n\nIf you have questions about the credit reporting bureaus and how information is gathered, you should contact a nonprofit credit counseling agency like XXXX and speak with a certified counselor about the problem. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX We do not lend money.","date_sent_to_company":"2023-05-04T03:52:02.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"20877","tags":null,"has_narrative":true,"complaint_id":"6924561","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-05-04T03:51:57.000Z","state":"MD","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["The <em>statute</em> of <em>limitations</em> for filing a suit is two years after the date you discovered a violation or within five years of the date of the violation. \nXXXXXXXX XXXX XXXX  The three major <em>credit</em> bureaus are required to provide you with one free copy of your <em>credit</em> report every <em>year</em>, if you request it. You must properly identify yourself, of course. The Web site XXXX is a prime place to obtain your free annual <em>credit</em> report."],"product":["<em>Credit</em> reporting, <em>credit</em> repair services, or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[6.0641704,"6924561"]},{"_index":"complaint-public-v1","_id":"6924689","_score":5.8556113,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"They are reporting negative or late payments. All 3 credit bureaus including XXXX XXXX showing my credit line amounts. Skip to content XXXX XXXX XXXX XXXX XXXX Login In Search XXXX Call Today : ( XXXX ) XXXX Fair Credit Reporting Act : Common Violations and Your Rights Updated : XX/XX/XXXX | XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX How to Increase Credit Score Fair Credit Reporting Act : Common Violations and Your Rights A consumers financial future can rise and fall on whats in their credit report so keeping a close eye on the contents should be important to everyone. Credit reports are used to decide who gets a loan, a credit card, a job, or even an apartment to rent, so few things are more crucial than having a credit report free of errors. \n\nStill, credit report errors are made, and the consequences can be devastating. Thats why its vital to look at your credit report at least once a year and make sure all the information in it, is accurate. Federal law allows you to get a free credit report from each of the three major reporting bureaus by signing up at XXXX. \n\nThe Fair Credit Reporting Act of 1970 Recognizing the life-altering power of credit information, Congress adopted the Fair Credit Reporting Act ( FCRA ) in 1970 to protect consumers and regulate how credit information is used and disseminated. The law gives consumers the right to know whats in their credit reports and free access to the information credit rating agencies use to assign credit scores. \n\nThe FCRA also requires that anyone who denies a person credit, insurance or employment because of what is in their credit report, tell you where they got the information and how to contact the issuer. \n\nThe Federal Trade Commission enforces the FCRA. The Dodd-Frank Act transferred most of the rulemaking responsibilities to the Consumer Financial Protection Bureau , but the FTC still retains enforcement authority.\n\nThe nations three largest credit reporting agencies Equifax, XXXX and XXXX are required by law to do everything in their power to accurately gather and report consumer information. Together, they keep files on more than 200 million Americans and issue more than three billion reports a year.\n\nGiven the volume of information, its inevitable that errors occur. The FCRA gives consumers the means to detect inaccuracies in their reports and file complaints. It also requires reporting agencies to investigate and correct bogus information. \n\nMistakes are often clerical, but sometimes theyre the result of old information reported as current. XXXX XXXX XXXX XXXXXXXX reported the troubles of a Mississippi woman whose {$40000.00} second-mortgage debt was discharged through a bankruptcy filing in XXXX. But four years later, the debt appeared on her report as unpaid. She tried repeatedly to get the error removed, but it took intervention from Mississippis attorney general to have her report corrected. \n\nCases like that are common. State attorneys investigate FCRA complaints and many have consumer information on their web pages to let people know what their rights are and the steps to take if they uncover erroneous information. \n\nCommon violations of the FCRA include : Failure to update reports after completion of bankruptcy is just one example. Agencies might also report old debts as new and report a financial account as active when it was closed by the consumer. \nCreditors give reporting agencies inaccurate financial information about you. \nReporting agencies mixing up one persons information with anothers because of similar ( or same ) name or social security number. \nAgencies fail to follow guidelines for handling disputes. \nPulling your report for an impermissible purpose. For instance, viewing a credit report to determine if you have assets before filing certain kinds of lawsuits. \nFailing to send you notifications about your credit report or score in violation of the FCRA. \nReporting agencies providing information to unauthorized persons or businesses. \nNot all FCRA actions are the result of errors or poorly maintained files. For example, the XXXX XXXX XXXX reported about a data broker that agreed to pay {$800000.00} in a settlement with the Federal Trade Commission for allegations he illegally sold personal information to human resources, background screening and recruiting companies. \n\nYour Rights Under the Fair Credit Reporting Act If youre turned down for credit or have some other reason to suspect that a credit report might have erroneously damaged you, get the name of the national credit agency that provided the report. A landlord who turned you down for bad credit or a bank that denied you a credit card will tell you which agency issued the report. \n\nNext, contact the agency and request a copy of the report. Keep in mind that if the report contains incorrect information, other agencies could be using the same information in their reports. The agency that provided the information must supply you with its report within 30 days of the denial for free. Otherwise, it can charge a fee to see a report. \n\nIf you find inaccurate or outdated information, notify the credit reporting agency in writing, explaining the error and demanding that it be immediately corrected. If the agency investigates and does nothing, and if you are still sure the report contains errors, contact the Federal Trade Commission or the state attorney generals office nearest you. \n\nIts important to know your rights under the Fair Credit Reporting Act : You have a right to know whats in your file. Contact the credit-rating agency that issued a report that was used to deny you credit, housing or employment. Youre entitled to a free report for any of these reasons : Information was used against you ; you are a victim of identity theft and place a fraud alert on your file ; your file contains inaccurate information that resulted from fraud ; youre on public assistance or you have been unemployed but expect to apply for work within 60 days. \nIf you have been the victim of identity theft, you are entitled to ask businesses for a copy of transaction records relating to the theft of your identity. For example, loan or credit card applications. You also may authorize law enforcement agencies to request the information. Businesses must provide it within 30 days of receiving the request. Some companies are reluctant to release this information claiming it is proprietary information or that they are protecting the consumer. However, the FCRA states that businesses are required to provide applications and business transaction records to help victims document fraudulent charges. The FTC outlines the obligations for businesses here. \nYou have a right to ask for your credit score. Credit reporting agencies provide these. In some instances, mortgage lenders will tell you your score when you apply for a loan. Also, some credit card issuers now include up-to-date scores in their monthly statements. \nYou have a right to dispute incomplete or inaccurate information in your report. \nCredit reporting agencies are obliged to correct or delete inaccurate, incomplete or unverifiable information. \nReporting agencies must not disseminate outdated negative information. \nInformation in your file is limited to those with a valid need for it. \nYou must give written consent for credit agencies to send your credit report to employers. \nIf your rights have been violated under the FCRA, you are entitled to seek actual or statutory damages, recover attorneys fees and court costs and request punitive damages. \n\nFair Credit Reporting Act Violations There are several common violations of the Fair Credit Reporting Act, involving both the thousands of companies reporting information and the three major bureaus taking the information and assigning it to your credit report. \n\nSome of the common violations include : Furnishing and Reporting Old Information When your credit circumstances change, your credit report must be updated. If its not, thats a violation. How could some violations occur? \n\nReporting a debt as charged off, when it was settled or paid off. \nReporting late payments when your payments were timely. \nReporting old debts as new ones. \nReporting that an account was active after it was voluntarily closed by a consumer. \nFailure to report that a debt was discharged in bankruptcy. \nReporting information that is more than XXXX years old ( when XXXX XXXX bankruptcy notices should lapse ) or XXXX years old ( XXXX  XXXX bankruptcy ). \nInaccurate statement of balance due. \nFailing to have a reasonable procedure for you to report identity theft ( or supplying credit information on an account where identity theft was previously reported ). \nMixing Files Mixing files with someone else who has similar background information ( sometimes as careless as failing to distinguish the Jr. and Sr. in similar surnames ). \n\nDebt Dispute Procedures for Credit Bureaus When submitting a written dispute about the accuracy of your credit report, the credit bureaus must follow proper procedures, such as conducting an investigation, correcting inaccuracies or removing a disputed debt. Sometimes, agencies fall short in these areas. \n\nDebt Dispute Violations for Creditors Creditors are obligated to note every disputed debt and submit corrected information, stop submitting incorrect information when it has been reported, conduct an internal investigation of disputes within 30 days and provide a reasonable procedure to submit a written dispute or report of identity theft. \n\nPrivacy Violations Your credit report can be disclosed only to entities with a valid need, such as creditors, landlords, insurance providers, utility companies and employers ( with your consent ). Its also a violation to pull a credit report for an impermissible purpose, such as determining if you are collectible in a lawsuit, an employer pulling the report without permission or a creditor on a discharged debt in bankruptcy using the report to check on your current financial activity. \n\nWithholding Notices You must be given notice on the reporting, handling and use of your credit information. Violations could include : A creditor failing to notify you when it supplies negative credit information. \nA user of credit information ( prospective employer or lender ) failing to notify you of a negative decision based upon your credit report. Or that user of credit information refusing to identify the source of credit information it obtained about you. \nA creditor failing to provide your credit score if it was used as part of any credit decision. \nA creditor failing to notify you of your right to obtain a free credit report. \nIts important to be educated and know your Fair Credit Reporting Act rights. \n\nRecovering Damages for FCRA Violations The information covered under the Fair Credit Reporting Act is so critical to the financial health of an individual that when violations of the FCRA occur, the victim can file suit and collect for damages. \n\nThe extent to which a victim can be compensated depends largely on whether the violation was willful or negligent. The parties responsible for possible violations include credit reporting agencies, businesses furnishing the information to credit agencies or someone using information off the credit report to make a decision about a job, or housing. \n\nWillful FCRA Violations These are the more serious violations and more highly compensated because it means the agency, business or individual was aware their actions would cause harm to you, but went ahead and did them anyway. \n\nThe types of damages that can be compensated here include : Actual damages. These are damages that can be proved because of harm caused by an action or failure to act by the agency, business or individual. There is no limit to how high an award can be. \nStatutory damages. These are damages that dont require proof, but the compensation is limited to somewhere between {$100.00} and {$1000.00}. \nPunitive damages. These are awarded to punish an agency, business or individual and deter them from violating the FCRA again. There is no limit on how much can be awarded. \nAttorney fees and court costs. You can have the cost of litigating the matter covered if you win your case. \nNegligent FCRA Violations When an agency, business or individual fails to exercise proper care or takes action that a reasonable person would not with regard to your credit information, that is negligent behavior and money damages can result. \n\nThe types of damages available are the same as with willful violations, namely actual damages ( no limit ) ; statutory damages ( usually between {$100.00} and {$1000.00} ) ; punitive damages ( no limit ) and attorney fees and court costs. \n\nFrivolous FCRA Lawsuit Penalties Credit reporting bureaus have the right to terminate investigations of violations if the agency determines that the consumers complaint is frivolous or irrelevant. \n\nTypically, this happens when the consumer fails to offer sufficient information to investigate the disputed information. \n\nThey also may lose a court case if they filed suit in bad faith or to harass an agency, business or individual. If this happens, the consumer may be required to pay the attorney fees for filing bad faith papers.\n\nDeadlines Here are four key deadlines to remember when dealing with the Fair Credit Reporting Act. \n\nInaccurate information must be corrected or deleted within 30 days of your dispute ( or up to 45 days if you provide additional information after submitting your written dispute ). \nBusinesses or other information furnishers must tell you about any negative information reported to the credit bureaus within 30 days. \nThe statute of limitations for filing a suit is two years after the date you discovered a violation or within five years of the date of the violation. \nXXXXXXXX XXXX XXXX The three major credit bureaus are required to provide you with one free copy of your credit report every year, if you request it. You must properly identify yourself, of course. The Web site XXXX is a prime place to obtain your free annual credit report. \n\nIn some cases, the credit bureaus also must provide you with another free copy of your credit report if : A business has denied your application or charged a higher interest rate because of information in your credit report. \nYoure unemployed and planning to look for a job within the next 60 days. \nYoure on welfare. \nYouve been a victim of identity theft ( or if your credit report contains inaccurate information because of identity theft ). \nOther Credit Reporting Agencies There is much emphasis on the three nationwide consumer reporting companies Equifax, XXXX and XXXX but its useful to know there are other sources of consumer reporting information. \n\nThe Consumer Financial Protection Bureau has published a list of other companies that self-identify as consumer reporting agencies. These companies collect information and provide reports to other companies about you in the areas of credit, employment, residential rental housing, insurance and other decision-making situations. Its worth a look to determine which of the companies could be important to you. \n\nThis list, while not all-inclusive, has been independently verified by the CFPB. \n\nMeanwhile, here are the best contact numbers for the XXXX nationwide consumer reporting companies : Equifax : ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) XXXX Problems with credit reporting bureaus are not unusual. Getting timely corrections on mistakes on your credit report can be difficult, but is worth pursuing. \n\nIf you have questions about the credit reporting bureaus and how information is gathered, you should contact a nonprofit credit counseling agency like XXXX and speak with a certified counselor about the problem. \n\nFair Credit Reporting Act XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX | We do not lend money.","date_sent_to_company":"2023-05-04T03:51:52.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"20877","tags":null,"has_narrative":true,"complaint_id":"6924689","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-05-04T03:26:54.000Z","state":"MD","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["The <em>statute</em> of <em>limitations</em> for filing a suit is two years after the date you discovered a violation or within five years of the date of the violation. \nXXXXXXXX XXXX XXXX The three major <em>credit</em> bureaus are required to provide you with one free copy of your <em>credit</em> report every <em>year</em>, if you request it. You must properly identify yourself, of course. The Web site XXXX is a prime place to obtain your free annual <em>credit</em> report."],"product":["<em>Credit</em> reporting, <em>credit</em> repair services, or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.8556113,"6924689"]},{"_index":"complaint-public-v1","_id":"14284555","_score":5.6867504,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX XXXX XXXX XXXX XXXX Original Account Number is unknown DOB is XX/XX/XXXX, and the last 4 SSN is XXXX XXXXXXXX XXXX XXXX XXXXXXXX Litonia, GA XXXX Equifax : XXXX XXXX XXXX XXXXXXXX, GA XXXX Experian : XXXX XXXX XXXXXXXX, XXXX, TX XXXX TransUnion : XXXX XXXX XXXXXXXX, XXXX, PA XXXX Dear CFPB, FTC, and Credit Bureaus, I am writing to file a formal complaint against all three credit reporting agencies regarding identity theft. In XX/XX/XXXX, after discovering my identity had been stolen, I contacted all three credit reporting agencies, the original creditors, and the collection agencies. I also placed a freeze on my credit accounts and filed a police report. \n\nWith nearly 30 years of experience as a private investigator, primarily tracking fraud, I recognize the type of theft committed against me as synthetic identity theft or synthetic fraud. This form of identity theft involves fraudsters making minimum payments to gain more credit before eventually defaulting.\n\nI was severely injured with a XXXX XXXX, XXXX, ribs, and a XXXX XXXX XXXX, which resulted in two years of hospitalization for therapy, followed by an additional year due to XXXX, further surgeries, and therapy. Currently, I am still hospitalized with no set release date, which has significantly hindered my ability to communicate with the credit reporting agencies, as they only correspond by mail. Although I offered my medical information to them, they declined due to HIPAA. However, to prove my whereabouts for the past three years and resolve this nightmare, I am willing to provide your agency with access to my medical file. \n\nFurthermore, I can provide proof that my mail was compromised, including a letter from my bank stating that unknown individuals attempted to access my account from my cell phone number. The bank placed them on hold when they could not verify my password. They tried to reach me, but I was in the XXXX  at the time. My account was subsequently put on hold until I could speak with the bank and visit in person with my identification. My local branch, where I am well-known, can confirm the attempted identity theft on my account. My account was also linked for automatic payments on these fraudulent accounts, leading me to believe the two ladies hired to assist me for medical reasons had access to my address for the purpose of entering and cleaning. My home is equipped with 18 cameras that record 24/7, but footage must be backed up within seven days to avoid being recorded over.\n\n1. The account for XXXX XXXX XXXX has two different amounts listed on each report. ( XXXX ) They failed to validate the debt as requested in XXXX, and the original creditor failed to validate the dispute and the debt 2. XXXX XXXX XXXX XXXX failed to validate the debt for the XXXX XXXX, and the original creditor failed as well. XXXX  was removed from Trans Union but remains on the other agencies, with a threat to add it back onto TransUnion by the collection agency 3. XXXX XXXX and XXXX were opened by the same company. The collection agency failed to respond, and the original creditor failed to properly respond timely manner and based their findings on personal beliefs. \n4. My account with XXXX and XXXX  XXXX XXXX is the only account that belongs to me. XXXX  is not accurate for the three late payments. I spoke with them several times and have the recording with them stating it will be updated as pays as agree. My bank stopped the automatic payments after my account was flagged by the fraud department. It was money that ahd accumulated on XXXX ( for my XXXX XXXX XXXX ) that would have cleared the ayments. I was told not to worry because they cover me for ninety days.\n\n5. I am being penalized by the bureaus and they are accepting whatever creditors and collection agencies say with no valid information. None of the creditors original creditors or the collection agencies had provided me with validation of the debts or the 623 dispute and validation pursuant to the FCRA. I am also locked out of all my accounts oline and can not upload anything.\n\n6. Synthetic Identity Theft : 7. .Opens in new tab 8. This is a specific form of identity theft where fraudsters create a new identity by blending real and fabricated information.\n\n9.\n\n10. \" Clean '' Credit Building : 11. .Opens in new tab 12. The fraudsters may initially make small purchases and pay them off on time to establish a good credit score and build trust with the financial system.\n\n13.\n\n14. Defaulting on Larger Loans : 15. .Opens in new tab 16. Once a good credit history is established, the fraudsters will then attempt to obtain larger loans or credit lines, which they often default on, causing significant financial losses.\n\n17. This type of fraud is difficult to detect because it involves a combination of real and fake information, making it harder to trace back to a single individual.\n\n18. Other terms related to this type of fraud include : 19. Account Takeover : 20. .Opens in new tab 21. While this term refers to gaining control of an existing account, it can also be part of synthetic identity theft if the fraudulent account is created from scratch using a stolen identity.\n\n22. Payment Fraud : 23. .Opens in new tab 24. This is a broader term that encompasses any fraudulent activity involving payments, including synthetic identity theft.\n\n25. Address Fraud : This specific type of identity theft leverages the victim 's address for illegal activities. Examples include mail forwarding fraud, where mail is redirected to the fraudster, package interception after goods are ordered online with stolen credit card details, and using the address to open accounts or obtain credit in the victim 's name.\n\n26. Opening New Accounts or Making Purchases : Using the victim 's information to apply for credit cards, bank accounts, or loans, and potentially intercepting related mail.\n\n27. Other Schemes : The address can be used in various fraud schemes, such as bank account fraud, school enrollment fraud, or insurance fraud.\n\n28. Warning signs of address fraud or identity theft : 29. Receiving mail or packages not intended for you.\n\n30. Finding unfamiliar accounts or charges on your financial statements or credit report.\n\n31. Missing or tampered mail.\n\n32. Receiving debt collection notices for unknown accounts or loans.\n\n33. Unauthorized inquiries or new accounts on your credit report linked to your address.\n\n34. Lack of dedicated resources : White-collar crimes, including fraud, have historically received less attention and resources compared to violent crimes within victim advocacy and law enforcement.\n\n35. Victim vulnerability : handicap individuals, often targeted in financial fraud, who is barely home, and underreport their victimization.\n\nReasons Fraudulent Accounts Might Be Misidentified as Valid : Sophistication of Fraud Schemes : Modern fraud methods, such as synthetic identity theft, can be incredibly complex and difficult for investigators to detect.\n\nData Limitations and Inconsistencies : Lack of complete and accurate fraud data can make it hard to identify the total extent of fraudulent activity.\n\nAdministrative Errors : Processes for tracking and reporting fraud may have limitations, potentially leading to errors or delays in recognizing fraudulent accounts.\n\nConsequences for Victims : Financial Loss : Victims may face financial losses due to fraudulent transactions and damage to their credit history.\n\nEmotional and Psychological Distress : Victims often experience XXXX, XXXX, XXXX, and a sense of violation when their identity is compromised. \nDifficulties in Resolution : Correcting fraudulent accounts can be a challenging and time-consuming process.\n\nDebt Validation Requirement : The Fair Debt Collection Practices Act ( FDCPA ) and the CFPB 's Debt Collection Rule require debt collectors to provide consumers with specific information about the debt, known as \" validation information ''.\n\nTimeline for Providing Validation Information : Generally, this information should be provided in a written notice either as the initial communication or within five days of the debt collector 's first contact with the consumer.\n\nConsequences of Failure to Validate : Ceasing Collection Activities : If a debt collector fails to validate a debt when requested to do so within the specified time frame, they must cease collection activities.\n\nCFPB Enforcement Actions : The CFPB brings enforcement actions against companies that violate debt validation requirements, including failure to provide timely notices and mishandling disputes.\n\nConsumer Remedies : Consumers who are not provided timely debt validation or whose disputes are mishandled may be entitled to financial relief and potential lawsuits against the debt collector.\n\n15 U.S.C. 1692g The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer XXXX XXXX provided me a copy of the validation they claimed they sent on XX/XX/XXXX, which is not sufficient. Even if they allege they mailed it bills alone is not sufficient to validate the debt, which is probably why it was removed from once report. \nWhile copies of credit card billing statements can be a component of debt validation, they alone may not be sufficient to fulfill the requirements for validating a debt under the Fair Debt Collection Practices Act ( FDCPA ).\n\nWhat constitutes valid debt validation?\n\nDebt validation involves a debt collector providing clear and accurate documentation to prove that you owe a specific debt and they have the legal right to collect it. According to the FDCPA and related regulations, this documentation generally includes : A copy of the original credit agreement : This could be the original credit card agreement signed by you.\n\nDocumentation showing the collector 's right to pursue the debt : If the debt has been sold, this would include records demonstrating the chain of ownership.\n\nA detailed accounting of the total amount owed : This includes the original debt amount, interest, fees, payments, and credits since a specific date ( the \" itemization date '' ).\n\nDuty to Provide CRAs with Accurate Information Prohibition on Reporting Inaccurate Information. Section 623 ( a ) of the FCRA generally prohibits a person from furnishing inaccurate information to a CRA. The standards for the prohibition differ, depending on whether the person specifies an address for receipt of notices from consumers concerning inaccurate information. If the person specifies such an address, it may not furnish information relating to a consumer to any CRA, if ( a ) the consumer notified the person, at the specified address, that the information is inaccurate, and ( b ) the information is, in fact, inaccurate.18 If the person does not specify such an address, the FCRA prohibits the person from reporting information to a CRA if the furnisher knows or has reasonable cause to believe that the information is inaccurate.19 The statute defines reasonable cause to believe that the information is inaccurate to mean having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.20 Duty to Promptly Correct and Update Information. Section 623 ( a ) of the FCRA also requires a person who regularly furnishes information to CRAs to promptly notify a CRA if the person determines the previously furnished information is not complete or accurate.21 The person must then provide corrected information and ensure it does not refurnish the incomplete or inaccurate information.\n\nDuty to Provide Notice of Dispute. If a consumer disputes the completeness or accuracy of furnished information, the furnisher must provide a notice of the dispute to the CRAs when furnishing the disputed information.22 Duty to Provide Notice of Accounts Closed Voluntarily. A person who regularly furnishes information to CRAs must notify the CRAs when a consumer voluntarily closes a credit account.23 This notice must be included in the information regularly furnished for the period in which the account is closed.\n\nDuty to Provide Dates of Delinquency. When an account is placed for collection, is charged to profit or loss, or a similar action is taken, and that delinquency is furnished to a CRA, the furnisher must notify the CRA of the date of delinquency on the account no later than 90 days after furnishing the information.24 This date is the month and year the account first becomes delinquent, not when the creditor places the account for collections, charges the account to profit or loss, or takes a similar action.25 Duty to Prevent Repollution of Consumer Reports. If a consumer submits an identity theft report to a furnisher indicating that furnished information resulted from identity theft, the furnisher must not report the information to the CRAs unless the furnisher subsequently knows or is informed by the consumer that the information is correct.26 In addition, furnishers are required to maintain reasonable procedures to respond to notifications from the CRAs relating to information that results from identify theft to prevent refurnishing this information.\n\nDuty to Provide the Customer with a Notice about Negative Information Duty to Provide a Notice to the Customer. If a financial institution that extends credit and regularly furnishes information to a nationwide CRA furnishes negative information to the CRAs about a credit extension, the financial institution must provide a clear and conspicuous written notice to the customer indicating that it furnished negative information to the CRAs.27 The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.28 Timing of Notice. The financial institution must provide the notice to the customer no later than 30 days after furnishing the negative information to a CRA. After providing the notice, the financial institution is not required to send the customer additional notices if it furnishes additional negative information to the CRAs about the same transaction, credit extension, account, or customer.29 Format of Notice. The notice generally may be included on or with any notice of default, any billing statement, or any other materials provided to the customers ; however, if the notice is provided to the customer prior to furnishing the negative information to a CRA, the notice may not be included in the initial disclosures provided under Section 127 ( a ) of the Truth in Lending Act.30 Two model forms ( Model Notices of Furnishing Negative Information ) are available in Appendix B of Regulation V.31 Although use of the model forms is not required, a financial institution is deemed to comply with the requirements if it uses one of the model forms.32 Duty to Implement Reasonable Policies and Procedures Regulation V requires furnishers to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the consumer information furnished to CRAs.33 Accuracy means that the information the furnisher provides to a CRA correctly : Identifies the appropriate consumer ; Reflects the accounts terms and liability ; and Reflects the consumers performance with respect to the account.34 Integrity means the information the furnisher provides to a CRA : Is substantiated by the furnishers records at the time it is furnished ; Is in a form designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; Includes the information in the furnishers possession regarding the credit limit, if applicable ; and Includes any other information in the furnishers possession that the Bureau has determined the absence of which would likely be materially misleading in evaluating a consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.35 Regulation V requires that the furnishers policies and procedures be appropriate to the nature, size, complexity, and scope of its activities.36 In developing the policies and procedures, a furnisher must consider the Interagency Guidelines Concerning the Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies found in Appendix E of Regulation V ( Interagency Guidelines ), and incorporate those guidelines, as appropriate. Each furnisher must also review its policies and procedures periodically and update them as necessary to ensure their continued effectiveness.\n\nThe Interagency Guidelines include : Using standard data reporting formats and standard procedures for compiling and furnishing data, where feasible, such as electronic transmission of information about consumers to CRAs ; Deleting, updating, and correcting information in the furnishers records, as appropriate, to avoid furnishing inaccurate information ; Conducting reasonable investigations of disputes ; Establishing and implementing appropriate internal controls regarding the accuracy and integrity of information about consumers furnished to CRAs, such as by implementing standard procedures and verifying random samples of information provided to CRAs ; and Training staff that participates in activities related to the furnishing of information about consumers to CRAs.37 Duty to Investigate Disputes Filed Directly with the Furnisher The FCRA and Regulation V generally require a furnisher to conduct a reasonable investigation of a dispute submitted directly to a furnisher by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer ( direct dispute ) .38 Covered Disputes. A furnisher is required to investigate if the dispute relates to : The consumers liability for a credit account or other debt with the furnisher ; The terms of a credit account or other debt with the furnisher ; The consumers performance or other conduct concerning an account or other relationship with the furnisher ; or Any other information contained in a consumer report for an account or other relationship with the furnisher that bears on the consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.39 The direct dispute rule does not apply if the dispute relates to the consumers identifying information, the identity of past or present employers, or inquiries or requests for a consumer report. It also does not apply to disputes relating to information that is derived from public records, provided to a CRA by another furnisher, or related to fraud alerts or active duty alerts.40 Finally, the rule does not apply if the furnisher has a reasonable belief that the direct dispute is submitted by a credit repair organization, is prepared on behalf of the consumer by a credit repair organization, or is submitted on a form supplied to the consumer by a credit repair organization.41 Consumers Obligation to Submit a Proper Notice of Dispute. A furnisher is required to investigate the dispute only if the consumer submitted the dispute notice to one of the following addresses : An address the furnisher provided that is listed on the consumer report ; An address the furnisher clearly and conspicuously identified for submitting direct disputes that is provided to the consumer in writing or, if the consumer agrees, electronically ; or If no address is specified, any business address of the furnisher.42 Moreover, the consumers dispute notice must include : Sufficient information to identify the account or other relationship in dispute ; The specific information being disputed ; An explanation of the basis for the dispute ; and All supporting documentation reasonably required by the furnisher to substantiate the basis of the dispute.43 Furnishers Duty to Investigate. Upon receiving a consumers proper notice of dispute, the furnisher must conduct a reasonable investigation of the dispute.44 The furnisher also must review all relevant information provided by the consumer with the dispute notice.\n\nThe furnisher has 30 days from the receipt of the dispute notice ( with the possibility for a 15-day extension under certain circumstances ) to complete the investigation and report the results to the consumer.45 If the furnisher finds that the information reported was inaccurate, the furnisher must promptly notify each CRA to which it provided the inaccurate information of the determination and provide the changes necessary to make the information accurate.46 Exception for Frivolous or Irrelevant Disputes. A furnisher is not required to investigate a direct dispute if the furnisher has reasonably determined that the dispute is frivolous or irrelevant.47 Under Regulation V, a dispute is frivolous or irrelevant if the dispute notice ( 1 ) does not contain sufficient information to investigate the dispute, ( 2 ) raises a dispute about information exempted from the rule, or ( 3 ) raises a dispute that is substantially the same as a dispute previously submitted by the consumer and resolved in accordance with the regulations. If the furnisher determines that a dispute is frivolous or irrelevant, the furnisher has five business days to notify the consumer of its determination. The notice must include the reasons for the determination and identify any information required to investigate the disputed information.\n\nDuty to Investigate Disputes Filed with CRAs The FCRA requires furnishers to investigate consumer disputes filed with the CRAs about information the furnishers provided.48 More specifically, when a furnisher receives notice from a CRA that a consumer disputes the completeness or accuracy of information the furnisher provided to the CRA , the furnisher must investigate the disputed information, review all relevant information the CRA provided, and report the results of its investigation to the CRA.49 If the furnisher determines the information it provided was incomplete or inaccurate, the furnisher must notify all nationwide CRAs to which the information was furnished of its findings.50 Finally, if the furnisher determines the disputed information is inaccurate or incomplete or can not be verified, the furnisher must promptly modify or delete the information or permanently block the reporting of that information.51 The furnisher generally has 30 days from the date the consumer filed the dispute with the CRA to complete its investigation and make appropriate notifications, but the investigation period may be extended an additional 15 days in some circumstances.52 EQUAL CREDIT OPPORTUNITY ACT/REGULATION B Regulation B, which implements the ECOA, imposes certain obligations on creditors that furnish credit information to CRAs.53 In addition, Regulation B prohibits discrimination on a prohibited basis regarding any aspect of a\ncredit transaction.54 At the federal level, the Board, FDIC, OCC, and NCUA have supervisory authority for ECOA and Regulation B for depository institutions with assets of {$10.00} XXXX or less.55 For depository institutions with assets over {$10.00} XXXX, the Bureau has this authority. Also, if any of these agencies has reason to believe that the creditor engaged in a pattern or practice of discrimination, then the agency must refer the matter to the U.S. Department of Justice.56 The Board has referred one matter involving discrimination on the basis of sex and marital status in credit reporting.57 In this matter, the creditor failed to provide information to CRAs about the payment history of spouses ( almost all of whom were women ) who were contractually obligated on the note.\n\nIn addition to the federal regulators, private plaintiffs have the right to file lawsuits under the ECOA.58 Violations of Regulation B can subject creditors to civil liability for actual and punitive damages in individual and class actions.59 If a furnisher fails to comply with the regulation because of an inadvertent error, there is no violation.60 The term inadvertent error means a mechanical, electronic, or clerical error that a creditor demonstrates was not intentional and occurred notwithstanding the maintenance of procedures reasonably adapted to avoid such errors,61 but it does not include an error of legal judgment.62 Upon discovering the error, the furnisher must correct it as soon as possible.\n\nCoverage Regulation B applies to a creditor, which is broadly defined to mean a person who, in the ordinary course of business, regularly participates in a credit decision, including setting the terms of the credit.63 The Official Staff Commentary to the regulation clarifies that the furnisher requirements only apply to consumer credit.64 Moreover, they apply only to creditors that opt to furnish credit information to CRAs or to other creditors ; a creditor is not required to furnish credit information on its accounts.\n\nDuties for Accounts Held or Used by Spouses Section 1002.10 of Regulation B imposes three obligations on creditors furnishing consumer credit information to the CRAs for accounts held or used by spouses.\n\nFirst, a creditor must designate accounts to reflect both spouses participation in the accounts in the following circumstances : For new accounts, when the spouse is an authorized user or is contractually liable on the account ( except as a guarantor, surety, endorser, or similar party ) ; and For existing accounts, when one of the spouses makes a written request to reflect both spouses participation on the account. In this situation, the furnisher must change the designation on the account within 90 days after receiving the written request.65 Second, when an account is designated to reflect the participation of both spouses, the creditor must furnish the information to the CRAs in a way that enables the CRAs to provide access to the information in the name of each spouse.66 Finally, if a creditor receives an inquiry about an account that reflects both spouses participating, the creditor must furnish the information in the name of the spouse for whom the information is requested.67 For example, if the inquiry concerns an account on which a husband and wife both participate, and the inquiry specifically is about the wife, the creditor must provide the information in the wifes name.\n\nProhibition on Discrimination In addition to the specific furnisher provisions, Regulation B broadly prohibits creditors from discriminating in any aspect of the credit transaction on any prohibited basis.68 The term credit transaction includes the furnishing of credit information.69 The term prohibited basis means race, color, religion, national origin, sex, marital status, or age ( provided that the applicant has the capacity to enter into a binding contract ) ; the applicants receipt of income, in whole or part, from any public assistance program ; or the applicants exercise in good faith of a right under the Consumer Credit Protection Act or any state law upon which an exemption has been granted by the [ Bureau ] .70 This general rule covers, for example, the administration of accounts and the treatment of delinquent or slow accounts.71 CONCLUSION Credit reports play an important role for consumers and creditors. Specific provisions of the CARES Act, the FCRA, Regulation V, the ECOA, and Regulation B are designed to ensure the fairness and accuracy of these reports. Financial institutions that furnish information to the CRAs should have adequate policies and procedures in place to ensure that they are complying with these requirements, including procedures to periodically test systems to verify compliance. Compliance with the credit reporting laws can promote fair and efficient access to credit, benefiting consumers and creditors alike. Specific questions should be addressed to your primary regulator.\n\nENDNOTES 1 Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., implemented in part by Regulation V, 12 C.F.R. Part 1022. Most of the furnisher requirements discussed in this article under Section 623 of the FCRA ( 15 U.S.C. 1681s-2 ) do not have implementing regulations, so furnishers must focus on the statutory requirements.\n\n2 Equal Credit Reporting Act, 15 U.S.C. 1691 et seq., implemented by Regulation B, 12 C.F.R. Part 1002. In addition, under the ECOA, Regulation B ( 12 C.F.R. 1002.9 ), and the FCRA ( 15 U.S.C. 1681m ), consumers and businesses applying for credit must be provided notice of the reasons a creditor took adverse action on the application or on an existing credit account in certain circumstances.\n\n3 Coronavirus Aid, Relief, and Economic Security ( CARES ) Act, Pub. L. No. 116-136, 134 Stat. 281 ( March 27, 2020 ).\n\n4 Section 4021 of the CARES Act amended Section 623 ( a ) ( 1 ) of the FCRA ( 15 U.S.C. 1681s2 ( a ) ( 1 ) ).\n\n5 Kenneth Benton and Casey McHugh, Federal Reserve Bank of Philadelphia , Furnishers Compliance Obligations for Consumer Credit Information under the FCRA and ECOA, Consumer Compliance Outlook ( Second Quarter 2012 ).\n\n6 See 15 U.S.C. 1681s ( b ), 1681s-2 ( d ).\n\n7 See 15 U.S.C. 1681s ( c ), 1681s-2 ( d ).\n\n8 See 15 U.S.C. 1681s-2 ( c ).\n\n9 See 15 U.S.C. 1681a ( b ).\n\n10 See 15 U.S.C. 1681a ( c ).\n\n11 See 15 U.S.C. 1681a ( f ).\n\n12 See 12 C.F.R. 1022.41 ( c ). An entity is not a furnisher when it : ( 1 ) provides information to a consumer reporting agency solely to obtain a consumer report in accordance with Sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) is acting as a consumer reporting agency as defined in Section 603 ( f ) of the FCRA ; ( 3 ) is a consumer to whom the furnished information pertains; or ( 4 ) is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumers character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.\n\n13 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ), as added by Section 4021 of the CARES Act.\n\n14 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( i ) ( I ).\n\n15 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( i ) ( II ). Under the National Emergencies Act, an emergency declaration will automatically terminate on the one-year anniversary of the declaration if the President does not extend it during the 90-day period before the anniversary. 50 U.S.C. 1622 ( d ). An emergency declaration can also be terminated by a joint resolution of Congress enacted into law or by a Presidential proclamation. 50 U.S.C. 1622 ( a ).\n\n16 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( iii ).\n\n17 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( ii ).\n\n18 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ). FCRA does not require a person to specify an address for receipt of notices from consumers concerning inaccurate information. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( C ).\n\n19 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ).\n\n20 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( D ).\n\n21 See 15 U.S.C. 1681s-2 ( a ) ( 2 ) ( B ).\n\n22 See 15 U.S.C. 1681s-2 ( a ) ( 3 ).\n\n23 See 15 U.S.C. 1681s-2 ( a ) ( 4 ).\n\n24 See 15 U.S.C. 1681s-2 ( a ) ( 5 ).\n\n25 See 15 U.S.C. 1681c ( a ).\n\n26 See 15 U.S.C. 1681s-2 ( a ) ( 6 ).\n\n27 See 15 U.S.C. 1681s-2 ( a ) ( 7 ).\n\n28 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( G ) ( i ).\n\n29 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) - ( B ).\n\n30 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( B ) ( ii ) and ( C ) ( i ).\n\n31 See 12 C.F.R. Part 1022, Appendix B Model Notices of Furnishing Negative Information.\n\n32 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( D ).\n\n33 See 12 C.F.R. 1022.42. The FCRA requires the Bureau to establish and maintain guidelines for furnishers regarding the accuracy","date_sent_to_company":"2025-08-08T15:56:18.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30058","tags":null,"has_narrative":true,"complaint_id":"14284555","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-06-25T21:49:56.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["According to the FDCPA and related regulations, this documentation generally includes : A copy of the original <em>credit</em> agreement : This could be the original <em>credit</em> <em>card</em> agreement <em>signed</em> by you.\n\nDocumentation showing the collector 's right to pursue the debt : If the debt has been sold, this would include records demonstrating the chain of ownership."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.6867504,"14284555"]},{"_index":"complaint-public-v1","_id":"14284554","_score":5.6867504,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX XXXX XXXX XXXX XXXX Original Account Number is unknown DOB is XX/XX/XXXX, and the last 4 SSN is XXXX XXXXXXXX XXXX XXXX XXXXXXXX Litonia, GA XXXX Equifax : XXXX XXXX XXXX XXXXXXXX, GA XXXX Experian : XXXX XXXX XXXXXXXX, XXXX, TX XXXX TransUnion : XXXX XXXX XXXXXXXX, XXXX, PA XXXX Dear CFPB, FTC, and Credit Bureaus, I am writing to file a formal complaint against all three credit reporting agencies regarding identity theft. In XX/XX/XXXX, after discovering my identity had been stolen, I contacted all three credit reporting agencies, the original creditors, and the collection agencies. I also placed a freeze on my credit accounts and filed a police report. \n\nWith nearly 30 years of experience as a private investigator, primarily tracking fraud, I recognize the type of theft committed against me as synthetic identity theft or synthetic fraud. This form of identity theft involves fraudsters making minimum payments to gain more credit before eventually defaulting.\n\nI was severely injured with a XXXX XXXX, XXXX, ribs, and a XXXX XXXX XXXX, which resulted in two years of hospitalization for therapy, followed by an additional year due to XXXX, further surgeries, and therapy. Currently, I am still hospitalized with no set release date, which has significantly hindered my ability to communicate with the credit reporting agencies, as they only correspond by mail. Although I offered my medical information to them, they declined due to HIPAA. However, to prove my whereabouts for the past three years and resolve this nightmare, I am willing to provide your agency with access to my medical file. \n\nFurthermore, I can provide proof that my mail was compromised, including a letter from my bank stating that unknown individuals attempted to access my account from my cell phone number. The bank placed them on hold when they could not verify my password. They tried to reach me, but I was in the XXXX  at the time. My account was subsequently put on hold until I could speak with the bank and visit in person with my identification. My local branch, where I am well-known, can confirm the attempted identity theft on my account. My account was also linked for automatic payments on these fraudulent accounts, leading me to believe the two ladies hired to assist me for medical reasons had access to my address for the purpose of entering and cleaning. My home is equipped with 18 cameras that record 24/7, but footage must be backed up within seven days to avoid being recorded over.\n\n1. The account for XXXX XXXX XXXX has two different amounts listed on each report. ( XXXX ) They failed to validate the debt as requested in XXXX, and the original creditor failed to validate the dispute and the debt 2. XXXX XXXX XXXX XXXX failed to validate the debt for the XXXX XXXX, and the original creditor failed as well. XXXX  was removed from Trans Union but remains on the other agencies, with a threat to add it back onto TransUnion by the collection agency 3. XXXX XXXX and XXXX were opened by the same company. The collection agency failed to respond, and the original creditor failed to properly respond timely manner and based their findings on personal beliefs. \n4. My account with XXXX and XXXX  XXXX XXXX is the only account that belongs to me. XXXX  is not accurate for the three late payments. I spoke with them several times and have the recording with them stating it will be updated as pays as agree. My bank stopped the automatic payments after my account was flagged by the fraud department. It was money that ahd accumulated on XXXX ( for my XXXX XXXX XXXX ) that would have cleared the ayments. I was told not to worry because they cover me for ninety days.\n\n5. I am being penalized by the bureaus and they are accepting whatever creditors and collection agencies say with no valid information. None of the creditors original creditors or the collection agencies had provided me with validation of the debts or the 623 dispute and validation pursuant to the FCRA. I am also locked out of all my accounts oline and can not upload anything.\n\n6. Synthetic Identity Theft : 7. .Opens in new tab 8. This is a specific form of identity theft where fraudsters create a new identity by blending real and fabricated information.\n\n9.\n\n10. \" Clean '' Credit Building : 11. .Opens in new tab 12. The fraudsters may initially make small purchases and pay them off on time to establish a good credit score and build trust with the financial system.\n\n13.\n\n14. Defaulting on Larger Loans : 15. .Opens in new tab 16. Once a good credit history is established, the fraudsters will then attempt to obtain larger loans or credit lines, which they often default on, causing significant financial losses.\n\n17. This type of fraud is difficult to detect because it involves a combination of real and fake information, making it harder to trace back to a single individual.\n\n18. Other terms related to this type of fraud include : 19. Account Takeover : 20. .Opens in new tab 21. While this term refers to gaining control of an existing account, it can also be part of synthetic identity theft if the fraudulent account is created from scratch using a stolen identity.\n\n22. Payment Fraud : 23. .Opens in new tab 24. This is a broader term that encompasses any fraudulent activity involving payments, including synthetic identity theft.\n\n25. Address Fraud : This specific type of identity theft leverages the victim 's address for illegal activities. Examples include mail forwarding fraud, where mail is redirected to the fraudster, package interception after goods are ordered online with stolen credit card details, and using the address to open accounts or obtain credit in the victim 's name.\n\n26. Opening New Accounts or Making Purchases : Using the victim 's information to apply for credit cards, bank accounts, or loans, and potentially intercepting related mail.\n\n27. Other Schemes : The address can be used in various fraud schemes, such as bank account fraud, school enrollment fraud, or insurance fraud.\n\n28. Warning signs of address fraud or identity theft : 29. Receiving mail or packages not intended for you.\n\n30. Finding unfamiliar accounts or charges on your financial statements or credit report.\n\n31. Missing or tampered mail.\n\n32. Receiving debt collection notices for unknown accounts or loans.\n\n33. Unauthorized inquiries or new accounts on your credit report linked to your address.\n\n34. Lack of dedicated resources : White-collar crimes, including fraud, have historically received less attention and resources compared to violent crimes within victim advocacy and law enforcement.\n\n35. Victim vulnerability : handicap individuals, often targeted in financial fraud, who is barely home, and underreport their victimization.\n\nReasons Fraudulent Accounts Might Be Misidentified as Valid : Sophistication of Fraud Schemes : Modern fraud methods, such as synthetic identity theft, can be incredibly complex and difficult for investigators to detect.\n\nData Limitations and Inconsistencies : Lack of complete and accurate fraud data can make it hard to identify the total extent of fraudulent activity.\n\nAdministrative Errors : Processes for tracking and reporting fraud may have limitations, potentially leading to errors or delays in recognizing fraudulent accounts.\n\nConsequences for Victims : Financial Loss : Victims may face financial losses due to fraudulent transactions and damage to their credit history.\n\nEmotional and Psychological Distress : Victims often experience XXXX, XXXX, XXXX, and a sense of violation when their identity is compromised. \nDifficulties in Resolution : Correcting fraudulent accounts can be a challenging and time-consuming process.\n\nDebt Validation Requirement : The Fair Debt Collection Practices Act ( FDCPA ) and the CFPB 's Debt Collection Rule require debt collectors to provide consumers with specific information about the debt, known as \" validation information ''.\n\nTimeline for Providing Validation Information : Generally, this information should be provided in a written notice either as the initial communication or within five days of the debt collector 's first contact with the consumer.\n\nConsequences of Failure to Validate : Ceasing Collection Activities : If a debt collector fails to validate a debt when requested to do so within the specified time frame, they must cease collection activities.\n\nCFPB Enforcement Actions : The CFPB brings enforcement actions against companies that violate debt validation requirements, including failure to provide timely notices and mishandling disputes.\n\nConsumer Remedies : Consumers who are not provided timely debt validation or whose disputes are mishandled may be entitled to financial relief and potential lawsuits against the debt collector.\n\n15 U.S.C. 1692g The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer XXXX XXXX provided me a copy of the validation they claimed they sent on XX/XX/XXXX, which is not sufficient. Even if they allege they mailed it bills alone is not sufficient to validate the debt, which is probably why it was removed from once report. \nWhile copies of credit card billing statements can be a component of debt validation, they alone may not be sufficient to fulfill the requirements for validating a debt under the Fair Debt Collection Practices Act ( FDCPA ).\n\nWhat constitutes valid debt validation?\n\nDebt validation involves a debt collector providing clear and accurate documentation to prove that you owe a specific debt and they have the legal right to collect it. According to the FDCPA and related regulations, this documentation generally includes : A copy of the original credit agreement : This could be the original credit card agreement signed by you.\n\nDocumentation showing the collector 's right to pursue the debt : If the debt has been sold, this would include records demonstrating the chain of ownership.\n\nA detailed accounting of the total amount owed : This includes the original debt amount, interest, fees, payments, and credits since a specific date ( the \" itemization date '' ).\n\nDuty to Provide CRAs with Accurate Information Prohibition on Reporting Inaccurate Information. Section 623 ( a ) of the FCRA generally prohibits a person from furnishing inaccurate information to a CRA. The standards for the prohibition differ, depending on whether the person specifies an address for receipt of notices from consumers concerning inaccurate information. If the person specifies such an address, it may not furnish information relating to a consumer to any CRA, if ( a ) the consumer notified the person, at the specified address, that the information is inaccurate, and ( b ) the information is, in fact, inaccurate.18 If the person does not specify such an address, the FCRA prohibits the person from reporting information to a CRA if the furnisher knows or has reasonable cause to believe that the information is inaccurate.19 The statute defines reasonable cause to believe that the information is inaccurate to mean having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.20 Duty to Promptly Correct and Update Information. Section 623 ( a ) of the FCRA also requires a person who regularly furnishes information to CRAs to promptly notify a CRA if the person determines the previously furnished information is not complete or accurate.21 The person must then provide corrected information and ensure it does not refurnish the incomplete or inaccurate information.\n\nDuty to Provide Notice of Dispute. If a consumer disputes the completeness or accuracy of furnished information, the furnisher must provide a notice of the dispute to the CRAs when furnishing the disputed information.22 Duty to Provide Notice of Accounts Closed Voluntarily. A person who regularly furnishes information to CRAs must notify the CRAs when a consumer voluntarily closes a credit account.23 This notice must be included in the information regularly furnished for the period in which the account is closed.\n\nDuty to Provide Dates of Delinquency. When an account is placed for collection, is charged to profit or loss, or a similar action is taken, and that delinquency is furnished to a CRA, the furnisher must notify the CRA of the date of delinquency on the account no later than 90 days after furnishing the information.24 This date is the month and year the account first becomes delinquent, not when the creditor places the account for collections, charges the account to profit or loss, or takes a similar action.25 Duty to Prevent Repollution of Consumer Reports. If a consumer submits an identity theft report to a furnisher indicating that furnished information resulted from identity theft, the furnisher must not report the information to the CRAs unless the furnisher subsequently knows or is informed by the consumer that the information is correct.26 In addition, furnishers are required to maintain reasonable procedures to respond to notifications from the CRAs relating to information that results from identify theft to prevent refurnishing this information.\n\nDuty to Provide the Customer with a Notice about Negative Information Duty to Provide a Notice to the Customer. If a financial institution that extends credit and regularly furnishes information to a nationwide CRA furnishes negative information to the CRAs about a credit extension, the financial institution must provide a clear and conspicuous written notice to the customer indicating that it furnished negative information to the CRAs.27 The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.28 Timing of Notice. The financial institution must provide the notice to the customer no later than 30 days after furnishing the negative information to a CRA. After providing the notice, the financial institution is not required to send the customer additional notices if it furnishes additional negative information to the CRAs about the same transaction, credit extension, account, or customer.29 Format of Notice. The notice generally may be included on or with any notice of default, any billing statement, or any other materials provided to the customers ; however, if the notice is provided to the customer prior to furnishing the negative information to a CRA, the notice may not be included in the initial disclosures provided under Section 127 ( a ) of the Truth in Lending Act.30 Two model forms ( Model Notices of Furnishing Negative Information ) are available in Appendix B of Regulation V.31 Although use of the model forms is not required, a financial institution is deemed to comply with the requirements if it uses one of the model forms.32 Duty to Implement Reasonable Policies and Procedures Regulation V requires furnishers to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the consumer information furnished to CRAs.33 Accuracy means that the information the furnisher provides to a CRA correctly : Identifies the appropriate consumer ; Reflects the accounts terms and liability ; and Reflects the consumers performance with respect to the account.34 Integrity means the information the furnisher provides to a CRA : Is substantiated by the furnishers records at the time it is furnished ; Is in a form designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; Includes the information in the furnishers possession regarding the credit limit, if applicable ; and Includes any other information in the furnishers possession that the Bureau has determined the absence of which would likely be materially misleading in evaluating a consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.35 Regulation V requires that the furnishers policies and procedures be appropriate to the nature, size, complexity, and scope of its activities.36 In developing the policies and procedures, a furnisher must consider the Interagency Guidelines Concerning the Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies found in Appendix E of Regulation V ( Interagency Guidelines ), and incorporate those guidelines, as appropriate. Each furnisher must also review its policies and procedures periodically and update them as necessary to ensure their continued effectiveness.\n\nThe Interagency Guidelines include : Using standard data reporting formats and standard procedures for compiling and furnishing data, where feasible, such as electronic transmission of information about consumers to CRAs ; Deleting, updating, and correcting information in the furnishers records, as appropriate, to avoid furnishing inaccurate information ; Conducting reasonable investigations of disputes ; Establishing and implementing appropriate internal controls regarding the accuracy and integrity of information about consumers furnished to CRAs, such as by implementing standard procedures and verifying random samples of information provided to CRAs ; and Training staff that participates in activities related to the furnishing of information about consumers to CRAs.37 Duty to Investigate Disputes Filed Directly with the Furnisher The FCRA and Regulation V generally require a furnisher to conduct a reasonable investigation of a dispute submitted directly to a furnisher by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer ( direct dispute ) .38 Covered Disputes. A furnisher is required to investigate if the dispute relates to : The consumers liability for a credit account or other debt with the furnisher ; The terms of a credit account or other debt with the furnisher ; The consumers performance or other conduct concerning an account or other relationship with the furnisher ; or Any other information contained in a consumer report for an account or other relationship with the furnisher that bears on the consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.39 The direct dispute rule does not apply if the dispute relates to the consumers identifying information, the identity of past or present employers, or inquiries or requests for a consumer report. It also does not apply to disputes relating to information that is derived from public records, provided to a CRA by another furnisher, or related to fraud alerts or active duty alerts.40 Finally, the rule does not apply if the furnisher has a reasonable belief that the direct dispute is submitted by a credit repair organization, is prepared on behalf of the consumer by a credit repair organization, or is submitted on a form supplied to the consumer by a credit repair organization.41 Consumers Obligation to Submit a Proper Notice of Dispute. A furnisher is required to investigate the dispute only if the consumer submitted the dispute notice to one of the following addresses : An address the furnisher provided that is listed on the consumer report ; An address the furnisher clearly and conspicuously identified for submitting direct disputes that is provided to the consumer in writing or, if the consumer agrees, electronically ; or If no address is specified, any business address of the furnisher.42 Moreover, the consumers dispute notice must include : Sufficient information to identify the account or other relationship in dispute ; The specific information being disputed ; An explanation of the basis for the dispute ; and All supporting documentation reasonably required by the furnisher to substantiate the basis of the dispute.43 Furnishers Duty to Investigate. Upon receiving a consumers proper notice of dispute, the furnisher must conduct a reasonable investigation of the dispute.44 The furnisher also must review all relevant information provided by the consumer with the dispute notice.\n\nThe furnisher has 30 days from the receipt of the dispute notice ( with the possibility for a 15-day extension under certain circumstances ) to complete the investigation and report the results to the consumer.45 If the furnisher finds that the information reported was inaccurate, the furnisher must promptly notify each CRA to which it provided the inaccurate information of the determination and provide the changes necessary to make the information accurate.46 Exception for Frivolous or Irrelevant Disputes. A furnisher is not required to investigate a direct dispute if the furnisher has reasonably determined that the dispute is frivolous or irrelevant.47 Under Regulation V, a dispute is frivolous or irrelevant if the dispute notice ( 1 ) does not contain sufficient information to investigate the dispute, ( 2 ) raises a dispute about information exempted from the rule, or ( 3 ) raises a dispute that is substantially the same as a dispute previously submitted by the consumer and resolved in accordance with the regulations. If the furnisher determines that a dispute is frivolous or irrelevant, the furnisher has five business days to notify the consumer of its determination. The notice must include the reasons for the determination and identify any information required to investigate the disputed information.\n\nDuty to Investigate Disputes Filed with CRAs The FCRA requires furnishers to investigate consumer disputes filed with the CRAs about information the furnishers provided.48 More specifically, when a furnisher receives notice from a CRA that a consumer disputes the completeness or accuracy of information the furnisher provided to the CRA , the furnisher must investigate the disputed information, review all relevant information the CRA provided, and report the results of its investigation to the CRA.49 If the furnisher determines the information it provided was incomplete or inaccurate, the furnisher must notify all nationwide CRAs to which the information was furnished of its findings.50 Finally, if the furnisher determines the disputed information is inaccurate or incomplete or can not be verified, the furnisher must promptly modify or delete the information or permanently block the reporting of that information.51 The furnisher generally has 30 days from the date the consumer filed the dispute with the CRA to complete its investigation and make appropriate notifications, but the investigation period may be extended an additional 15 days in some circumstances.52 EQUAL CREDIT OPPORTUNITY ACT/REGULATION B Regulation B, which implements the ECOA, imposes certain obligations on creditors that furnish credit information to CRAs.53 In addition, Regulation B prohibits discrimination on a prohibited basis regarding any aspect of a\ncredit transaction.54 At the federal level, the Board, FDIC, OCC, and NCUA have supervisory authority for ECOA and Regulation B for depository institutions with assets of {$10.00} XXXX or less.55 For depository institutions with assets over {$10.00} XXXX, the Bureau has this authority. Also, if any of these agencies has reason to believe that the creditor engaged in a pattern or practice of discrimination, then the agency must refer the matter to the U.S. Department of Justice.56 The Board has referred one matter involving discrimination on the basis of sex and marital status in credit reporting.57 In this matter, the creditor failed to provide information to CRAs about the payment history of spouses ( almost all of whom were women ) who were contractually obligated on the note.\n\nIn addition to the federal regulators, private plaintiffs have the right to file lawsuits under the ECOA.58 Violations of Regulation B can subject creditors to civil liability for actual and punitive damages in individual and class actions.59 If a furnisher fails to comply with the regulation because of an inadvertent error, there is no violation.60 The term inadvertent error means a mechanical, electronic, or clerical error that a creditor demonstrates was not intentional and occurred notwithstanding the maintenance of procedures reasonably adapted to avoid such errors,61 but it does not include an error of legal judgment.62 Upon discovering the error, the furnisher must correct it as soon as possible.\n\nCoverage Regulation B applies to a creditor, which is broadly defined to mean a person who, in the ordinary course of business, regularly participates in a credit decision, including setting the terms of the credit.63 The Official Staff Commentary to the regulation clarifies that the furnisher requirements only apply to consumer credit.64 Moreover, they apply only to creditors that opt to furnish credit information to CRAs or to other creditors ; a creditor is not required to furnish credit information on its accounts.\n\nDuties for Accounts Held or Used by Spouses Section 1002.10 of Regulation B imposes three obligations on creditors furnishing consumer credit information to the CRAs for accounts held or used by spouses.\n\nFirst, a creditor must designate accounts to reflect both spouses participation in the accounts in the following circumstances : For new accounts, when the spouse is an authorized user or is contractually liable on the account ( except as a guarantor, surety, endorser, or similar party ) ; and For existing accounts, when one of the spouses makes a written request to reflect both spouses participation on the account. In this situation, the furnisher must change the designation on the account within 90 days after receiving the written request.65 Second, when an account is designated to reflect the participation of both spouses, the creditor must furnish the information to the CRAs in a way that enables the CRAs to provide access to the information in the name of each spouse.66 Finally, if a creditor receives an inquiry about an account that reflects both spouses participating, the creditor must furnish the information in the name of the spouse for whom the information is requested.67 For example, if the inquiry concerns an account on which a husband and wife both participate, and the inquiry specifically is about the wife, the creditor must provide the information in the wifes name.\n\nProhibition on Discrimination In addition to the specific furnisher provisions, Regulation B broadly prohibits creditors from discriminating in any aspect of the credit transaction on any prohibited basis.68 The term credit transaction includes the furnishing of credit information.69 The term prohibited basis means race, color, religion, national origin, sex, marital status, or age ( provided that the applicant has the capacity to enter into a binding contract ) ; the applicants receipt of income, in whole or part, from any public assistance program ; or the applicants exercise in good faith of a right under the Consumer Credit Protection Act or any state law upon which an exemption has been granted by the [ Bureau ] .70 This general rule covers, for example, the administration of accounts and the treatment of delinquent or slow accounts.71 CONCLUSION Credit reports play an important role for consumers and creditors. Specific provisions of the CARES Act, the FCRA, Regulation V, the ECOA, and Regulation B are designed to ensure the fairness and accuracy of these reports. Financial institutions that furnish information to the CRAs should have adequate policies and procedures in place to ensure that they are complying with these requirements, including procedures to periodically test systems to verify compliance. Compliance with the credit reporting laws can promote fair and efficient access to credit, benefiting consumers and creditors alike. Specific questions should be addressed to your primary regulator.\n\nENDNOTES 1 Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., implemented in part by Regulation V, 12 C.F.R. Part 1022. Most of the furnisher requirements discussed in this article under Section 623 of the FCRA ( 15 U.S.C. 1681s-2 ) do not have implementing regulations, so furnishers must focus on the statutory requirements.\n\n2 Equal Credit Reporting Act, 15 U.S.C. 1691 et seq., implemented by Regulation B, 12 C.F.R. Part 1002. In addition, under the ECOA, Regulation B ( 12 C.F.R. 1002.9 ), and the FCRA ( 15 U.S.C. 1681m ), consumers and businesses applying for credit must be provided notice of the reasons a creditor took adverse action on the application or on an existing credit account in certain circumstances.\n\n3 Coronavirus Aid, Relief, and Economic Security ( CARES ) Act, Pub. L. No. 116-136, 134 Stat. 281 ( March 27, 2020 ).\n\n4 Section 4021 of the CARES Act amended Section 623 ( a ) ( 1 ) of the FCRA ( 15 U.S.C. 1681s2 ( a ) ( 1 ) ).\n\n5 Kenneth Benton and Casey McHugh, Federal Reserve Bank of Philadelphia , Furnishers Compliance Obligations for Consumer Credit Information under the FCRA and ECOA, Consumer Compliance Outlook ( Second Quarter 2012 ).\n\n6 See 15 U.S.C. 1681s ( b ), 1681s-2 ( d ).\n\n7 See 15 U.S.C. 1681s ( c ), 1681s-2 ( d ).\n\n8 See 15 U.S.C. 1681s-2 ( c ).\n\n9 See 15 U.S.C. 1681a ( b ).\n\n10 See 15 U.S.C. 1681a ( c ).\n\n11 See 15 U.S.C. 1681a ( f ).\n\n12 See 12 C.F.R. 1022.41 ( c ). An entity is not a furnisher when it : ( 1 ) provides information to a consumer reporting agency solely to obtain a consumer report in accordance with Sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) is acting as a consumer reporting agency as defined in Section 603 ( f ) of the FCRA ; ( 3 ) is a consumer to whom the furnished information pertains; or ( 4 ) is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumers character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.\n\n13 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ), as added by Section 4021 of the CARES Act.\n\n14 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( i ) ( I ).\n\n15 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( i ) ( II ). Under the National Emergencies Act, an emergency declaration will automatically terminate on the one-year anniversary of the declaration if the President does not extend it during the 90-day period before the anniversary. 50 U.S.C. 1622 ( d ). An emergency declaration can also be terminated by a joint resolution of Congress enacted into law or by a Presidential proclamation. 50 U.S.C. 1622 ( a ).\n\n16 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( iii ).\n\n17 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( ii ).\n\n18 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ). FCRA does not require a person to specify an address for receipt of notices from consumers concerning inaccurate information. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( C ).\n\n19 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ).\n\n20 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( D ).\n\n21 See 15 U.S.C. 1681s-2 ( a ) ( 2 ) ( B ).\n\n22 See 15 U.S.C. 1681s-2 ( a ) ( 3 ).\n\n23 See 15 U.S.C. 1681s-2 ( a ) ( 4 ).\n\n24 See 15 U.S.C. 1681s-2 ( a ) ( 5 ).\n\n25 See 15 U.S.C. 1681c ( a ).\n\n26 See 15 U.S.C. 1681s-2 ( a ) ( 6 ).\n\n27 See 15 U.S.C. 1681s-2 ( a ) ( 7 ).\n\n28 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( G ) ( i ).\n\n29 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) - ( B ).\n\n30 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( B ) ( ii ) and ( C ) ( i ).\n\n31 See 12 C.F.R. Part 1022, Appendix B Model Notices of Furnishing Negative Information.\n\n32 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( D ).\n\n33 See 12 C.F.R. 1022.42. The FCRA requires the Bureau to establish and maintain guidelines for furnishers regarding the accuracy","date_sent_to_company":"2025-08-08T16:02:56.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30058","tags":null,"has_narrative":true,"complaint_id":"14284554","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-06-25T21:49:56.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["According to the FDCPA and related regulations, this documentation generally includes : A copy of the original <em>credit</em> agreement : This could be the original <em>credit</em> <em>card</em> agreement <em>signed</em> by you.\n\nDocumentation showing the collector 's right to pursue the debt : If the debt has been sold, this would include records demonstrating the chain of ownership."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.6867504,"14284554"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":35,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":35}]}},"product":{"doc_count":35,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":17,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":17}]}},{"key":"Debt collection","doc_count":12,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card debt","doc_count":9},{"key":"I do not know","doc_count":1},{"key":"Mortgage debt","doc_count":1},{"key":"Other debt","doc_count":1}]}},{"key":"Credit reporting, credit repair services, 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 reporting","doc_count":3}]}},{"key":"Credit card or prepaid card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":1}]}},{"key":"Mortgage","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Other type of mortgage","doc_count":1}]}},{"key":"Vehicle loan or lease","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Loan","doc_count":1}]}}]}},"issue":{"doc_count":35,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Improper use of your report","doc_count":13,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Reporting company used your report improperly","doc_count":12},{"key":"Credit inquiries on your report that you don't recognize","doc_count":1}]}},{"key":"Took or threatened to take negative or legal action","doc_count":5,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Threatened to sue you for very old debt","doc_count":3},{"key":"Sued you without properly notifying you of lawsuit","doc_count":1},{"key":"Threatened or suggested your credit would be damaged","doc_count":1}]}},{"key":"Incorrect information on your report","doc_count":4,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Information belongs to someone else","doc_count":4}]}},{"key":"Written notification about debt","doc_count":4,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Didn't receive enough information to verify debt","doc_count":4}]}},{"key":"Attempts to collect debt not owed","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Debt is not yours","doc_count":2},{"key":"Debt was result of identity theft","doc_count":1}]}},{"key":"Problem with a company's investigation into an existing problem","doc_count":2,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Their investigation did not fix an error on your report","doc_count":1},{"key":"Was not notified of investigation status or results","doc_count":1}]}},{"key":"Closing on a mortgage","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Problem with a credit reporting company's investigation into an existing problem","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Their investigation did not fix an error on your report","doc_count":1}]}},{"key":"Problem with a purchase shown on your statement","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Card was charged for something you did not purchase with the card","doc_count":1}]}},{"key":"Problems at the end of the loan or lease","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Unable to receive car title or other problem after the loan is paid off","doc_count":1}]}}]}},"timely":{"doc_count":35,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":35}]}},"company_response":{"doc_count":35,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":27},{"key":"Closed with non-monetary relief","doc_count":7},{"key":"Closed with monetary relief","doc_count":1}]}},"submitted_via":{"doc_count":35,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":35}]}},"company":{"doc_count":35,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"EQUIFAX, INC.","doc_count":7},{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":7},{"key":"Experian Information Solutions Inc.","doc_count":4},{"key":"JPMORGAN CHASE & CO.","doc_count":2},{"key":"Portfolio Recovery Associates, LLC","doc_count":2},{"key":"AES/PHEAA","doc_count":1},{"key":"Access Credit Management, Inc.","doc_count":1},{"key":"BANK OF AMERICA, NATIONAL ASSOCIATION","doc_count":1},{"key":"Brock & Scott, PLLC","doc_count":1},{"key":"ENCORE CAPITAL GROUP INC.","doc_count":1},{"key":"Franklin Collection Service, Inc.","doc_count":1},{"key":"National Enterprise Systems, Inc.","doc_count":1},{"key":"Ocwen Financial Corporation","doc_count":1},{"key":"ProCollect, Inc.","doc_count":1},{"key":"Resurgent Capital Services L.P.","doc_count":1},{"key":"SELECT PORTFOLIO SERVICING, INC.","doc_count":1},{"key":"TRUIST FINANCIAL CORPORATION","doc_count":1},{"key":"WELLS FARGO & COMPANY","doc_count":1}]}},"state":{"doc_count":35,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"HI","doc_count":6},{"key":"MD","doc_count":4},{"key":"NY","doc_count":4},{"key":"TX","doc_count":4},{"key":"NC","doc_count":3},{"key":"CA","doc_count":2},{"key":"FL","doc_count":2},{"key":"GA","doc_count":2},{"key":"OH","doc_count":2},{"key":"AK","doc_count":1},{"key":"AR","doc_count":1},{"key":"AZ","doc_count":1},{"key":"LA","doc_count":1},{"key":"NJ","doc_count":1},{"key":"NM","doc_count":1}]}},"company_public_response":{"doc_count":35,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":15},{"key":"Company believes it acted appropriately as authorized by contract or law","doc_count":1}]}},"tags":{"doc_count":35,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Older American","doc_count":3},{"key":"Servicemember","doc_count":3}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{"2":[5.6867504,"14284554"]}}}