Date Received: 2023-11-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The company violated FCRA 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information
Company Response:
State: MO
Zip: 63136
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I am writing to formally lodge a complaint concerning significant inaccuracies in my credit report as reported by Capital One, and the subsequent handling of my disputes regarding these inaccuracies. This complaint pertains to the account with the partial number XXXX, which has been inaccurately reported, leading to derogatory marks on my credit report. 1. Account Details and Discrepancies : Creditor : Capital One Reported Issues : The account was reported as having a past due balance of {$280.00} as of XX/XX/XXXX, with a credit limit of {$300.00} and the same amount as the current balance. The account status was reported as 'Closed ' and 'Charged off as bad debt ' with a derogatory condition as of XX/XX/XXXX. There is a discrepancy in the reported credit limit and balance across different credit bureaus. The account shows a history of late payments in XXXX, which is disputed. 2. Disputes and Responses : Subsequent Actions : Despite multiple disputes filed on, the inaccuracies remained uncorrected. Each time, the response received was that the information had been verified as accurate by Capital One. 3. Impact and Concerns : These inaccuracies have adversely affected my credit score and could potentially impact my ability to obtain credit in the future. The response to the disputes suggests either a lack of thorough investigation or a failure in the communication process between Capital One and the credit bureaus. 4. Requested Actions : A thorough re-investigation of the account details and deletion of all inaccuracies in the credit report. A detailed explanation of the discrepancy in the reported information across different credit bureaus. Confirmation of the resolution of these issues in writing. 5. Legal Considerations : Under the Fair Credit Reporting Act ( FCRA ), I am entitled to have accurate and verified information in my credit report. The failure to correct inaccuracies despite repeated disputes raises concerns about compliance with the FCRA. 6. Laws Broken : Fair Credit Reporting Act ( FCRA ) : Inaccurate Reporting : 15 U.S.C. 1681e ( b ) - This section requires credit reporting agencies to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S.C. 1681i ( a ) - This section requires credit reporting agencies to conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file, usually within 30 days. Failure to Properly Investigate Disputes : 15 U.S.C. 1681s-2 ( b ) - This section outlines the duties of furnishers of information upon notice of dispute, including conducting an investigation, reporting the results to the credit reporting agency, and correcting inaccurate information. Consumer Financial Protection Act ( CFPA ) : Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) : 12 U.S.C. 5531 and 5536 - These sections prohibit unfair, deceptive, or abusive acts or practices under the Consumer Financial Protection Act. They empower the Consumer Financial Protection Bureau to take action against entities that violate these standards. Missouri Merchandising Practices Act ( MMPA ) : Relevant Statute : Mo. Rev. Stat. 407.010 to 407.130 Key Provisions : This Act prohibits deceptive and unfair business practices. It is broad in scope and can apply to a variety of consumer transactions and interactions, including potentially unfair or deceptive credit reporting practices. Creditor Contact Information : Capital One XXXX XXXX XXXX, XXXX XXXX XXXX, UT XXXX Phone : ( XXXX ) XXXX I appreciate your prompt attention to this matter and look forward to a resolution that corrects these inaccuracies and upholds my rights as a consumer.
Company Response:
State: MO
Zip: 64133
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: False statements or representation
Subissue: Told you not to respond to a lawsuit they filed against you
Consumer Complaint: I've never had an account with this company or Capital One who they're holding debt for.
Company Response:
State: MO
Zip: 64014
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: Called capital one about an account with my name, phone number, and social because I never made an account with them. This happened on XXXX after receiving emails of updated changes on my account that I never made. I received an email about a silver card from capital one that I never made as well.
Company Response:
State: TX
Zip: 76114
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Getting a credit card
Subissue: Application denied
Consumer Complaint: 1. On the XXXX day of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXPrincipal extended our credit to Capital One, N.A. 2. I provided an application/collateral security to Capital One, N.A. on behalf of my consumer. This application contained the services or amount that was being applied for, my Social Security Credit Card number as defined in Title 15 United States Code, Section 1602 ( l ), and my indorsement/written authorization on behalf of my incorporated NAME to access the associated estate on our behalf. 3. Immediately upon transmission of this application/collateral security I was presented a denial message with no further details. A natural individual has a right to credit and can not be denied the private extension of their own credit pursuant to Title 15 United States Code 1602 clause ( f ). 4. Indorsement is The act of a payee, drawee, accommodation indorser, or holder of a bill, note, check, or other negotiable instrument, in writing his name upon the back of the same, with or without further qualifying words, whereby the property in the same is assigned and transferred to another. U.C.C 3-202 et seq. as defined in Blacks Law Dictionary, Deluxe Sixth Centennial Edition pg.774. The Uniform Commercial Code state law codification is O.C.G.A 11-3-202. 5. Collateral security means A security given in addition to the direct security, and subordinate to it, intended to guaranty its validity or convertibility or insure its performance so that, if the direct security fails, the creditor may fall back upon the collateral security as defined in Blacks Law Dictionary, Deluxe Sixth Centennial Edition pg.262 and outlined in Title 31 Code of Federal Regulation 202.6. 6. Once custody of this application/collateral security with my nonpublic personal information and personally identifiable financial information as defined in Title 12 Code of Federal Regulation 1016.3 clause p ( 1 ) and q ( 1 ) respectively was transferred to Capital One, N.A, the company and its agents became fiduciaries in a trust action and bound by the covenant of good faith etc. 7. Title 12 Code of Federal Regulation 1016.3 clause ( p ) and ( q ) respectively which state Nonpublic personal information means : ( i ) Personally identifiable financial information; and ( ii ) Any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any personally identifiable financial information that is not publicly available. Personally identifiable financial information means any information : ( i ) A consumer provides to you to obtain a financial product or service from you ; ( ii ) About a consumer resulting from any transaction involving a financial product or service between you and a consumer; or ( iii ) You otherwise obtain about a consumer in connection with providing a financial product or service to that consumer. 8. This application/collateral security was then presented by XXXX XXXX XXXX XXXXCFO of Capital One, N.A. to a Federal Reserve Bank for exchange pursuant to Title 31 Code of Federal Regulation 328.5 and the Federal Reserve Act section 16 part 2. 9. Title 31 Code of Federal Regulations 328.5 states : ( a ) When presented by banks- ( 1 ) For payment or exchange. The endorsement placed on a bearer security presented for payment or exchange by a bank should be in the following form : For presentation to the Federal Reserve Bank of __________, Fiscal Agent of the United States, for redemption or in exchange for securities of a new issue, in accordance with written instructions submitted by __________. ( Insert name of presenting bank ) ( 2 ) For redemption at par. The endorsement placed on a bearer security presented for redemption at par in payment of Federal estate taxes should be in the following form : For presentation to the Federal Reserve Bank of ________, Fiscal Agent of the United States, for redemption at par in payment of Federal estate taxes, in accordance with written instructions submitted by ________________. ( Insert name of presenting bank ) ( b ) For conversion to book-entry securities. The endorsement placed on a bearer security presented for conversion to a book-entry security shall be in the following form : For presentation to the Federal Reserve Bank of _________ , Fiscal Agent of the United States , for conversion to book-entry securities by _________. ( Insert name of presenting bank ) ( c ) When presented by Service Center Directors or District Directors, Internal Revenue Service. The endorsement placed on a bearer security by a Service Center Director or a District Director, Internal Revenue Service, should be in the following form : For presentation to the Federal Reserve Bank of _______ ;, Fiscal Agent of the United States, for redemption, the proceeds to be credited to the account of the Service Center Director, Internal Revenue Service, at _XXXX, for credit on the Federal _________ ( Income, gifts, or other ) taxes due from _________. ( Name and address ) 10. The Federal Reserve Act section 16 part 2 states : Applications shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under section 10A, 10B, 13, or 13A of this Act, or bills of exchange endorsed by a member bank of any Federal Reserve district and purchased under the provisions of section 14 of this Act, or bankers ' acceptances purchased under the provisions of said section 14, or gold certificates, or Special Drawing Right certificates, or any obligations which are direct obligations of, or are fully guaranteed as to principal and interest by, the United States or any agency thereof, or assets that Federal Reserve banks may purchase or hold under section 14 of this Act or any other asset of a Federal reserve bank. In no event shall such collateral security be less than the amount of Federal Reserve notes applied for. 11. The said notes shall be obligations of the United States as defined in Title 18 United States Code 8 which states : The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. ( XX/XX/XXXX, ch. 645, 62 Stat. 685. ) 12. Tender is An offer of money, though usually used in connection with an offer to pay money, is properly used in connection with an offer of property or performance of duty other than payment of money, and As used in determining whether one party may place the other in breach of contract for failure to perform, means a readiness and willingness to perform in case of concurrent performance by other party, with present ability to do so, and notice to other party of such readiness as decided in XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, 407 F.2d 379, 380, and as defined in Blacks Law Dictionary, Deluxe Sixth Centennial Edition pg.1467. 13. Tender pursuant to the Negotiable Instruments Act,1881 ; Public Law 73-10, Chapter 48, 48 Stat 112 ; ( Gold Reserve Act ) U.C.C. Article 9/O.C.G.A Title 11 Article 9 ; C.F.R. 225.2/ Government Obligation ; 31 U.S.C . 5118 ( d ) ( 2 ) ; 31 U.S.C.463, Public Law 97 258 ; U.C.C. Article 4-302/O.C.G.A 11-4-302 ; 12 U.S.C. 411 ; Securities Act 2 ( 1 (, 3 ( a ) ( 3 ) ; Congressional Statutes At Large, Title 62, Positive Law ; 31 U.S.C. 5312 ; U.C.C. 2-304/O.C.G.A 11-2-304 ; 12 U.S.C. 1831n ( a ) ( 2 ) ( A ) / Uniform accounting principles consistent with G.A.A.P. ; 12 U.S.C. 1813 ( 1 ) ( 1 ) Deposit money or its equivalent ; Public Policy ; And settlement in terms of the United Supreme High Court of Justice, Rule 45. Table I - Non-Derivative Securities Beneficially owned are organized under or created by the laws of the United States of America, UNITED STATES and the State of Georgia, and that such Seal ( s ) is/are entitled to full faith and credit. Said securities listed are also obligations or other security of the United States as defined in 18 U.S.C 8 ; hence, a Government Obligation as defined in 31 CFR 225.2. 14. On the XXXX day of XXXX XXXX XXXX XXXX Capital One, N.A received a Notice of Violation via United States Postal Service notifying them that withholding my access to my securities is securities fraud pursuant to Title 18 United States Code 1348 which carries the penalties contained in Title 18 United States Code 1341. Even the attempt or conspiracy to commit securities fraud is a crime pursuant to Title 18 United States Code 1349 which carries the penalties contained in Title 18 United States Code 1341. 15. The banks are the borrowers pursuant to Title 12 United States Code 1431 and have not the power to extend their own credit but are instead utilizing the credit of the natural individual as settled in the following stare decisis : In the federal courts, it is well established that a national bank has not power to lend its credit to another by becoming surety, endorser, or guarantor for him. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 11 F 2d 83, 271 U.S. 669. A national bank has no power to lend its credit to any person or corporation.... XXXX XXXX XXXX XXXX XXXX, 94 F 925 36 CCA 553, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637. The doctrine of ultra vires is a most powerful weapon to keep private corporation within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked too often ... XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. A bank may not lend its credit to another even though such a transaction turns out to have been of benefit to the bank, and in support of this a list of cases might be cited, which-would look like a catalog of ships. [ Emphasis added ] XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX XXXX. It has been settled beyond controversy that a national bank, under federal Law being limited in its powers and capacity, can not lend its credit by guaranteeing the debts of another. All such contracts entered into by its officers are ultra vires... XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ). Neither, as included in its powers not incidental to them, is it a part of a banks business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a great deal more than any lawful interest on its money would amount to. If not careful, the power would be the mother of panics,... Indeed, lending credit is the exact opposite of lending money, which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. I XXXX. XXXX XXXX XXXX XXXX XXXX. XXXX XXXXXXXX ; XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. It is not within those statutory powers for a national bank, even though solvent, to lend its credit to another in any of the various ways in which that might be done. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX, XXXX ( XXXX ). There is no doubt but what the law is that a national bank can not lend its credit or become an accommodation endorser. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. A bank can lend its money, but not its credit. XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX. ... the bank is allowed to hold money upon personal security ; but it must be money that it loans, not its credit. XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX, XXXX, XXXX. A loan may be defined as the delivery by one party to, and the receipt by another party of, a sum of money upon an agreement, express or implied, to repay the sum with or without interest. XXXX XXXX XXXX ; XXXX XXXX XXXXXXXX, XXXX XXXX XXXX. Also see XXXX XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. 16. My application/security collateral once indorsed was converted into a monetary instrument pursuant to Title 31 United States Code 5312 section A ( 3 ) making it a deposit as defined in Title 12 United States Code 1813 ( I ). I was not afforded the equal valuable consideration on this instrument guaranteed by law resulting in unjust enrichment. 17. These conversions and exchanges were executed at the mere will of the trustee ( s ) managing the account in which my securities are being held and constitute a breach of trust and a breach of fiduciary duty pursuant to Title 15 United States Code 80a-35. I did not authorize any transactions using my nonpublic personal information and personally identifiable financial information as defined in Title 12 Code of Federal Regulation 1016.3 clause p ( 1 ) and q ( 1 ) respectively in which I would receive no benefit at all to be initiated which constitutes aggravated identity theft pursuant to Title 18 United States Code 1028A which carries the penalties contained therein and falls under the RICO Act which carries the penalties contained therein.
Company Response:
State: GA
Zip: 30032
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: On Thursday, XX/XX/XXXX I received a phone call from XXXX XXXX ( phone # XXXX ) stating that they had court papers to serve to me but they couldn't tell me what the papers were about. I was advised to call ( XXXX ) to speak with someone directly from the law firm. I called the XXXX number and spoke with a XXXX XXXX who advised me that he worked with XXXX XXXX XXXX as a mediator for civil lawsuits and my case number was XXXX. He further advised me that he was collecting an old credit card debt for Household Orchard Bank that was opened in XXXX and XXXX in XXXX due to falling behind on payments. XXXX XXXX further stated that in the orginal contract that I signed there was a " Contractual Tolling Agreement '' in very small print that most people do not read that allows for them to collect the debt after the statute of limitations. XXXX XXXX stated that I owed {$12000.00} but he would settle for {$5400.00}. He went on to say that if I don't contact him back by XXXX, XX/XX/XXXX then my case would go to court for the full $ XXXX. I called XXXX XXXX back on XXXX at the direct number given to me ( XXXX ) and left a message. I recieved a return call on XXXX, XX/XX/XXXX, however I was unable to take the call at that time. I returned his call on XXXX, XX/XX/XXXX and left another message. On Wednesday, XX/XX/XXXX I received a text from case manager XXXX XXXX stating that they were terminating mediation and serving me and my filing date is set for XX/XX/XXXX. This text stated a different case number ( XXXX ) and threatened lien on property, levy of financial accounts, wage garnishments up to 30 %, tax interceptions, and restricting my DMV license. I called XXXX XXXX and stated that he had the wrong case number and he hung up on me. I tried calling again and another man answered and when I stated I was trying to discuss a matter with XXXX XXXX, this man also hung up on me.
Company Response:
State: CA
Zip: 936XX
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Electronic communications
Subissue: Frequent or repeated messages
Consumer Complaint: On XX/XX/23 I sent a letter To CAP ONE AUTO XXXX XXXX XXXX XXXX, TX XXXX requesting XXXX. Documentation verifying the legitimacy of the charge-off, including details of the original debt and any supporting records. XXXX. Proof of any communication or attempts to collect the debt. XXXX. Any agreements, contracts, or terms related to the account. I have not received any validation of the account. Instead I received voicemails, text messages, and emails regarding a balance on the acct ending in XXXX. Please see attached documents
Company Response:
State: CA
Zip: 932XX
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The financial institution has reported personal information to XXXX, XXXX, and XXXX which under 15 USC 1681 ( 2 ) ( A ) ( i ) states that reporting XXXX history is illegal. In addition, these financial institutions have violated not only the Fair Reporting Act but also the Privacy Act of 1974. One of the financial institutions, XXXX XXXX XXXX a letter to my personal insurance company disclosing not only my non-public information but requested that my insurance company CLOSE my account and send them any credits that were available on my personal account. I have the right to make sure my private information is not shared which is backed by 15 USC 1601 which states, It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. SLS/FIRSTBANK is a financial institution by definition under that title. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The financial institutions never informed me of my right to exercise my nondisclosure option. 12 CFR Section 1022.3 Identity theft means the fraud committed or attempted using the identifying information of another person without authority. According to the Fair Reporting Credit Reporting Act 15 USC 1681 section 602a states, There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. XXXX, XXXX, and XXXX are consumer reporting agencies, and I am the Consumer. 15 USC 1681 section 604a section 2 states that In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. The financial institutions and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, and the financial institutions whether it be verbal, non-verbal, written, implied or otherwise is now revoked. Not only that 15 USC 1681C ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency can make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. This account is an adverse item they are reporting again without my permission is against the law. 15 USC 1681 s-2 ( A ) ( 1 ) A states A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 USC 1681e states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also, 12 CFR Section 1016.7 states that A consumer may exercise the right to opt-out at any time. I am hereby opting out of any further reporting services.
Company Response:
State: NV
Zip: 89139
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Opening an account
Subissue: Unable to open an account
Consumer Complaint: I tried to open up a bank account with serval banks and they all are denying me. I dont understand why. And i already mad a police report that my wallet was stolen from a grocery store. So Im still not understanding why I cant make any new accounts. And every time they denied me they say they gone email me documents on why they did but they never email me the documents or tell me why I keep getting denied. Im just trying to open up a bank account before I start work next week.
Company Response:
State: IL
Zip: 60651
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The financial institution has reported personal information to XXXX, XXXX, and XXXX which under 15 USC 1681 ( 2 ) ( A ) ( i ) states that reporting XXXX history is illegal. In addition, these financial institutions have violated not only the Fair Reporting Act but also the Privacy Act of 1974. One of the financial institutions, XXXX XXXX XXXX a letter to my personal insurance company disclosing not only my non-public information but requested that my insurance company CLOSE my account and send them any credits that were available on my personal account. I have the right to make sure my private information is not shared which is backed by 15 USC 1601 which states, It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. XXXX is a financial institution by definition under that title. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The financial institutions never informed me of my right to exercise my nondisclosure option. 12 CFR Section 1022.3 Identity theft means the fraud committed or attempted using the identifying information of another person without authority. According to the Fair Reporting Credit Reporting Act 15 USC 1681 section 602a states, There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. XXXX, XXXX, and XXXX are consumer reporting agencies, and I am the Consumer. 15 USC 1681 section 604a section 2 states that In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. The financial institutions and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, and the financial institutions whether it be verbal, non-verbal, written, implied or otherwise is now revoked. Not only that 15 USC 1681C ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency can make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. This account is an adverse item they are reporting again without my permission is against the law. 15 USC 1681 s-2 ( A ) ( 1 ) A states A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 USC 1681e states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also, XXXX CFR Section XXXX states that A consumer XXXX exercise the right to opt-out at any time. I am hereby opting out of any further reporting services.
Company Response:
State: NV
Zip: 89139
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A