Date Received: 2024-01-15
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I appreciate your taking the time to CORRECT some of the information in my credit file ; however, there is still another account that needs to be UPDATED. The 3 credit bureaus must verify this account under Sections 609 ( a ) ( 1 ) ( A ) and 611 ( a ) ( 1 ). ( A ). I'm hoping that this disputed account gets corrected. XXXX XXXX XXXX Balance : {$11000.00}.
Company Response:
State: CA
Zip: 95127
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am writing to express my deep frustration and dissatisfaction with the several unsuccessful attempts to correct late open accounts, remove late closed accounts, public record.account included in Bankruptcy and charge-offs on my credit report. Despite my persistent efforts and compliance with the dispute resolution process, these inaccuracies persist, causing significant distress and adversely impacting my financial standing. I have diligently followed the established dispute resolution process, submitting dispute letters, providing supporting documentation, and engaging in communication with your representatives. Despite these efforts, the inaccuracies persist, significantly impacting my creditworthiness and creating obstacles in securing credit and favorable interest rates. I request an immediate and thorough investigation into these matters to rectify the inaccuracies on my credit report. I expect a detailed response withinthe exact timeframe acknowledging the receipt of this complaint and outlining the steps that will be taken to address and correct the late open accounts, remove the late closed accounts, Accounts Included in Bankruptcy, Public Record and the charge-offs. Should this matter not be resolved promptly, I may be compelled to escalate my complaint to regulatory authorities and seek legal counsel to protect my rights. I am asking for your assistance to correct these late open accounts and remove the late closed accounts, public record.account included in Bankruptcy and charge-offs in my credit file : XXXX XXXX Balance : {$0.00} - I do not believe I was late on the dates you are reporting. Please report the payment status positive and update all late from reporting on this account. XXXX XXXX Balance Owed : {$0.00} - I see things may be inaccurate. Start looking at the account name, opening date, and high balance. I believe this information may be inaccurate. Immediate removal of this item is necessary. XXXX XXXX XXXX : {$0.00} - Investigate the way this account is reporting the date of last activity, account name, and opening date. I believe this information may be inaccurate. I need this removed now. XXXX XXXX XXXX Owed : {$0.00} - I need the following investigated account name, date of last activity, and opening date. I believe this information may be wrong. I need this removed immediately. XXXX XXXX XXXX : {$700.00} - This account was showing an inaccurate payment history and payment status. A charge-off should show a XXXX balance. This inaccurate information continues to do harm to my credit. Please provide proof of the last payment. Otherwise, remove this from my file. XXXX XXXX XXXX Balance Owed : {$0.00} - I believe this account is reporting inaccurately. I do not recall ever having a legal obligation with this company nor do I believe one exists. Please provide me with verifiable proof this account belongs to me. I request a signed contract which is the ONLY LEGAL authority that stipulates an agreement. Please remove it. XXXX XXXX XXXX XXXX {$530.00} - The limit to this account was a fraction of the amount due it as stated. That is utterly unfathomable! Had a proper investigation been conducted you would have seen the error and corrected it immediately. You failed to do your job ; you must now REMOVE THIS ITEM ALTOGETHER. XXXX XXXX XXXX : {$0.00} - This bankruptcy file date is wrong and this bankruptcy is out of statute for reporting on a credit report. And it should no longer be reported because it is past the 10 years statute of limitations that a credit bureau can report. Please update the filing date and then remove it. XXXX XXXX Bankruptcy XXXX XXXX XX/XX/2018 - I did not file a XXXX XXXX bankruptcy with the courts. When I spoke with the court clerk that did not have records. Please provide the contact information of the 3rd party data furnisher that provided you as the credit reporting agency with this misinformation so I may contact them directly.
Company Response:
State: AZ
Zip: 85037
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Account Name : XXXX XXXX XXXX Account Number : XXXX Account Name : XXXX XXXX XXXX Account Number : XXXX Account Name : XXXX Account Number : XXXX UNAUTHORIZED INQUIRIES : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX XXXX XX/XX/XXXX has violated my rights. Or list of inquiries 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
Company Response:
State: TX
Zip: 78753
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am formally requesting this letter to update the following items in my credit profile which appear to be fairly misleading and erroneous. According to the Fair Credit Reporting Act, 15 USC sections 1681i, you are obligated to finish your investigation within 30 days ; please do so, otherwise, you will violate the Fair 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
Company Response:
State: FL
Zip: 33055
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I value your help to REMOVED a portion of the data in my credit file that came about because of a FRAUD yet I have an Items passed on that should be taken out or Block. Per FCRA segment 605 you are expected to eliminate any records recorded on an ID THEFT REPORT. I've proactively remembered this report for a past letter and I am including it once more. I've educated my lawyer regarding my aims and they are eager to consider you responsible for your tenacious rebelliousness. XXXX XXXX XXXX XXXX, CA XXXX ; XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX, AZ XXXX XXXX XXXX XX/XX/XXXX ; XXXX XX/XX/XXXX ; XXXX XX/XX/XXXX ; XXXX XX/XX/XXXX.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I did not authorize these companies to pull my credit report.
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This issue is regarding the reporting of student loans on my credit report because they are a clear violation of my rights under 20 USC 1232g - the Family Educational Rights and Privacy Act ( FERPA ) and the provisions of the Privacy Act of 1974. I believe that my request for removal of these student loans from my credit report aligns with my rights as per 20 USC 1232g, which states in part, " No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing education records ( or personally identifiable information contained therein, other than directory information, as defined in paragraph ( 5 ) ) of students without the written consent of their parents to any individual, agency, or organization. '' Furthermore, Section 7 of the Privacy Act of 1974 provides individuals with the right to access their records and request amendments if they believe that the data is inaccurate, irrelevant, untimely, or incomplete. Specifically, it states that, " Each agency that maintains a system of records shall ... maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to ensure fairness to the individual in the determination. '' As a federally protected consumer, I have the right to have the correct information reported accurately on my report and XXXX, Equifax, and XXXX ; by way of XXXX and the Department of Education, have been misusing my credit file by reporting my student loans, without my expressed written consent. So per the FCRA and 15 USC 6802e ( 2 ), because they do not have my consent, I am opting out of them reporting student loan information on my credit report, effective immediately.
Company Response:
State: GA
Zip: 30019
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Unable to get your credit report or credit score
Subissue: Other problem getting your report or credit score
Consumer Complaint: Every time I request the weekly consumer report disclosure from XXXX, there's an " error '' message when my information can not be found, or verified. I can never get the XXXX or Equifax disclosure delivered electronically through XXXX ; and it is intermittent with XXXX. Also when I call on the phone, and spend all that time on the automated phone system and order the disclosure by mail, I don't always get the reports when ordering. Often I believe I am being unjustly damaged because of inaccurate or arbitrary information in a credit report ; and the reports are being purposely difficult to acquire because these companies know there is inaccurate information in there that should be deleted. None of these companies guarantee accuracy of their information, so how can that information be verifies on my consumer file disclosure. CDIA Terms and conditions read : " YOU EXPRESSLY UNDERSTAND AND AGREE THAT : YOUR USE OF THIS SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, CDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CDIA MAKES NO WARRANTY THAT : ... THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE ; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS ; ANY ERRORS ON THIS SITE WILL BE CORRECTED ; AND THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE, OR RELIABLE. '' Metro-2 and XXXX is how the companies are falsely claiming verification, accuracy, and completeness, yet their terms can not guarantee. XXXX 's Terms read : " Our site, including all content, products, services and transunion content made available on or accessed through this site, is provided to you as is, with no warranties of any kind. To the fullest extent permissible under applicable law, neither transunion nor its subsidiaries or affiliates make any representations or warranties of any kind whatsoever ( a ) as to the content, products or services available on or accessed through our site, ( b ) that a user will have continuous, uninterrupted or secure access to our site, products or services, or ( c ) that our site, products or services will be error-free. In addition, XXXX and its subsidiaries and affiliates disclaim all express or implied warranties, including warranties of title, merchantability, fitness for a particular purpose, non infringement and informational content. Therefore, you agree that your access to and use of our site, products, services and content are at your own risk. By using our site, you acknowledge and agree that neither transunion, its subsidiaries, nor its affiliates have any liability to you ( whether based in contract, tort, strict liability or otherwise ) for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with your access to or use of our site, content, products or services ( even if we have been advised of the possibility of such damages ), including liability associated with any viruses which may infect your computer equipment The reporting agency discloses to a consumer only the original jurisdiction as the source of the information and does not also disclose the vendor, or conversely, if the consumer reporting agency discloses to a consumer only the vendor and does not also disclose the original source of the information, the consumer may not be able to correct any erroneous public records information that could be included in their files at all of the consumer reporting agencies that receive data from the vendor. Interpreting FCRA section 609 ( a ) ( 2 ) to allow a consumer reporting agency to disclose to a consumer only a single source of the information, and not all sources of the information, would undermine the FCRAs purposes by limiting consumers ability to understand the sources of the often highly sensitive information in their file and to address and prevent further dissemination of incomplete or inaccurate data. Equifax Terms read : " NO WARRANTY. MUCH OF THE DATA CONTAINED IN THE PRODUCTS IS PROVIDED TO US BY OTHERS AND THEREFORE WE DO NOT CONTROL THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE PRODUCTS. IF WE SELL YOU A PRODUCT PROVIDED BY A SUPPLIER, THAT SUPPLIER IS SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THAT PRODUCT. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, AFFILIATED COMPANIES, OR AFFILIATED CREDIT BUREAUS ( " AFFILIATED PERSON ( S ) '' ) WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF ANY PRODUCT OR INFORMATION CONTAINED IN ANY PRODUCT IN ANY WAY. THE PRODUCTS ARE PROVIDED " AS IS '', AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. XXXX Terms Read : IN NO EVENT WILL XXXX WARRANT OR GUARANTY THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OF ANY INFORMATION, PRODUCTS, OR SERVICES ON THIS WEB SITE. Innovis ' Terms read : Warranty The information and products on this website are provided " as is '' without warranty of any kind. Disclaimer The information and products on this website are not to be considered professional advice. Users who make decisions solely on the information and products from this website do so at their own risk. When appropriate, professional advice should be obtained before making any decisions. If there is no warranty that information is accurate, then it shouldn't be reported, the information is hearsay.
Company Response:
State: IL
Zip: 60634
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: The Fair Credit Reporting Act ( Title IV of the Consumer Credit Reporting Act - 15 USC 1681 ) was created as rulebook if you will, which outlines the acceptable parameters within which these credit reporting agencies, financial institutions, and data brokers/collection agencies must operate with regard for the sensitive consumer information that they possess whether direct or indirectly obtained. It also clearly identifies remedies and recourse for infractions that are perpetrated against the consumers and who is responsible for the overseeing and enforcing the well laid out dos and donts. These financial institutions and credit reporting agencies repeatedly test the waters by trying to violate our inherent rights to privacy as well as the right to fair and accurate reporting. Since these consumer reporting agencies ASSUMED the role which has been established as VITAL, I should then be able to ASSUME that they are going to adhere to the policy set forth by the Commission and take their responsibilities seriously. They have now even ventured into the realm of securities fraud when they started to securitize consumers data. In general, the additions of the Credit Card Act, The Dodd-Frank Act, Fair and Accurate Credit Transactions Act and even more recently the CARES Act only serve to reinforce consumer rights and add to the list of protected items that CAN NOT be included in any CONSUMER REPORT ( Definition of a Consumer Report is any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living ). The clear EXCLUSIONS, which I have included in more detail below, are TRANSACTION HISTORY OR EXPERIENCES between the consumer and whomever made the report, ANY ITEM OF ADVERSE INFORMATION other than convictions of crimes antedating the report by more than 7 years ( meaning LATE PAYMENTS, DEROGATORY MARKS ON THE ACCOUNT-ILLEGAL ), certain restrictions on Medical Debts/Obligations, ANY information identified by the consumer as fraudulent or resulting from identity theft ( of course following the provisions set by the agency/financial institution at the address specified to receive such information with supporting documentation that upon the receipt of which WILL REMOVE THE ITEMS OF FRAUD/ID THEFT BY BLOCKING SUCH INFORMATION NOT LATER THAN 4 BUSINESS DAYS AFTER RECEIPT ), and probably the biggest one- NOTHING CAN BE REPORTED WITHOUT WRITTEN CONSENT OF THE CONSUMER TO WHICH IT PERTAINS. I believe that falls under PERMISSIBLE PURPOSE. I do not remember giving written consent to any of the consumer reporting agencies allowing them to include ANY piece of information in my consumer report nor do have I ever given them the authorization to give sneak peaks of my consumer report to ANY company looking to provide me with a firm offer of credit or otherwise from the designated database list of consumers they keep for promotional inquiries. The number of times an unauthorized review occurred of my consumer report is astounding. The most disturbing element occurring here is the fact that these Credit Reporting Agencies are SECURITIZING CONSUMERS DATA on both the primary and secondary markets and then have the audacity to attempt to deny the consumers their most basic afforded right over their own data- THE RIGHT TO PRIVACY. Federal laws provide consumers the inarguable right to limit the sharing of any non public personal information to ANY non-affiliate 3rd party by way of an OPT OUT NOTICE that is to be provided at the time of account opening and again every 30 days thereafter which is to be adhered to immediately and indefinitely until otherwise indicated in writing by the consumer to which it pertains. Since adequate means of exercising my right to opt out of the sharing of my personal information was NOT provided to me by the financial institutions, I drafted a notice to each of the institutions noted in my complaint and sent it into the address indicated to receive such correspondence by registered mail. Key Points as well as the laws that govern everything I have stated above are below for your review. Key Takeaways ( 1. ) Unless it is verified that a company requesting my consumer report has written permission with my wet ink signature for a consumer reporting agency to release my consumer report, then all of the inquiries appearing on my report were obtained fraudulently and did not have PERMISSIBLE PURPOSE to acquire said report and I am demanding ALL INQUIRIES BE REMOVED IMMEDIATELY ( 2. ) Reporting transaction history/experiences on all the accounts contained in my consumer credit report is illegal and I am requesting that ALL PAYMENT HISTORY BE UPDATED TO PAID AS AGREED AND CORRESPONDING UTILIZATION RATES BE SET AT XXXX since I am not nor have I ever authorized this to be shared, and again, it is illegal to be included in my consumer report ( 3. ) I have the right to FAIR AND ACCURATE REPORTING of accounts and any and all information that is NOT COMPLETELY ACCURATE ACROSS ALL XXXX OF THE CREDIT REPORTING AGENCIES BE UPDATED PER MY SPECIFICATIONS ON THE INCLUDED CONSUMER REPORT THAT I HAVE ANNOTED SHOWING THE INACCURACIES AND INCONSISTENCY IN MY INFORMATION ACROSS THE BOARD ( I have also included supporting documents which show one or more of the credit reporting agencies have removed certain information deemed to be inaccurate and the remaining agencies need to follow suite to update the information so that all my reports match ). ( 4. ) Since all derogatory information being reported other than convictions of crimes which antedate the report by more than 7 years is a VIOLATION of my rights under this Act, every late payment ( which is covered under transactions and experiences ) need to be removed immediately, as well as the singular collection account ( XXXX XXXX XXXX ). Additionally, all accounts in CHARGE OFF STATUS need to be removed from my consumer report IMMEDIATELY since according to the IRS PUBLICATION 4681 and their definition of CERTIFICATE OF INDEBTEDNESS- any account with bad debt ( written off/charge off status/having a balance due ) is now considered INCOME and will need to be allocated as such so that I may file my federal income tax returns appropriately. A BALANCE DUE in a CHARGE-OFF STATUS CAN NOT be considered/reported as a BALANCE OWED on my consumer report when that amount has now become INCOME defined by the IRS CERTIFICATE OF INDEBTEDNESS . Period. In accordance with the IRS Publication 4681 the following accounts need to be removed from my consumer report- XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX . ( 5. ) Under FERPA ( FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT ) and the Master Promissory Note that I signed and entered into with the Department of Education ( Loans being serviced by XXXX ) stated that THEY WOULD NOT SHARE MY PERSONAL NON PUBLIC INFORMATION- THE 4 XXXX AND 1 DEPTOFEDU loan accounts being reported on my consumer report need to be REMOVED IMMEDIATELY. ( 5. ) In accordance with my right to privacy and the OPT OUT NOTICES ( ALL DOCUMENTS HAVE BEEN ATTACHED TO THIS COMPLAINT ) that were sent to the following financial institutions ( SEE ATTACHED SUMMARY OF ACCOUNTS ) in which I have exercised my right to OPT OUT of the sharing of my NON PUBLIC PERSONAL INFORMATION, which is also covered in not only the Fair Credit Reporting Act, but also THE PRIVACY ACT OF 1974, every last one of the TERMS AND CONDITIONS of each of the financial institutions which I maintain accounts, APPLICABLE UCC CODES, CFRS AND MY STATE ( ARIZONA ) ARS CODES WHICH GOVERN CONSUMER PRIVACY AND PROTECTION FOR MY NON PUBLIC PERSONAL INFORMATION- I demand that all the accounts listed on my summary attached be removed from my consumer report immediately. 15 U.S.C. 1681 ( 1 ) Congressional findings and statement of purpose a. Accuracy and fairness of credit reporting- The Congress makes the following findings ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. b. Reasonable Procedures- It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard. To the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter ( 2 ) Exclusions ( a. ) ( i. ) Report containing information solely as to transactions or experiences between the consumer and the person making the report 15 U.S.C. 1681 ( b ) Permissible Purpose- Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ; ( 2 ) In accordance with the written instructions of the consumer to whom it relates 15 U.S.C . 1681 ( c ) Requirements relating to information contained in 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 ) Any other adverse item of information other than records of convictions of crimes which antedates the report by more than 7 years ( a ) ( 2 ) ( a ) ( i ) states information as to transactions or experiences made between the consumer and the person making the report are not to be contained in any consumer report and must be excluded 15 U.S.C . 1681c ( 2 ) Block of information resulting from identity theft- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency. ( 12CFR1022.3 Defines Identity Theft as a fraud committed or attempted using the identifying information of another person without authority ) 15 U.S.C. 1681 ( e ) Compliance Procedures ( a ) 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 requiring 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. 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. ( b ) Accuracy of Report- Consumer reporting agencies will follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates AND ( n ) Civil liability for willful noncompliance states that in general any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages not less than {$100.00} and not more than {$1000.00}. 15 U.S.C. 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies- Prohibits the reporting of information with actual knowledge of errors or if the person knows or has reasonable cause to believe that the information is inaccurate. Information may not be reported if the person has been notified by the consumer at the address specified by the person for receiving such notices that specific information is inaccurate and the information is in fact, inaccurate. PRIVACY ACT OF 1974 ( 5 U.S.C. 522A ) - DEFINITION OF RECORD- means any item, collection, or grouping of information about an individual that is maintained by an agency, including but not limited to his education, financial transactions, medical history, and criminal or employment history and that contains his name or the identifying number, symbol, or other identifying particular assigned to the individual such as a finger or voice print or a photograph. ( b ) CONDITIONS OF DISCLOSURE-No agency shall disclose any record which is contained in a sytem of records by any means of communications to any person or to another agency except pursuant to a written request by or with the prior written consent of the individual to whom the record pertains unless dislcoure of the record would be to a consumer reporting agency IN ACCORDANCE WITH SECTION 3711e of title 31 15 U.S.C. 6802-6805 States that except as otherwise provided in this subchapter a financial institution may not directly or through any affiliate disclose to a nonaffiliated third party any nonpublic personal information unless such financial institution provides or has provided to the consumer a notice that ( A ) clearly and conspicuously discloses to the consumer in writing or electronic form or other form permitted by the regulations of this title that such information may be disclosed AND ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option REGULATION P ( PART 1016 ) -12CFR1016.1 REQUIRES a financial institution to provide notice to customers about its privacy policy and practices ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties AND ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by OPTING OUT of that disclosure. It also states that a financial institution must conspicuously and clearly post the disclosure with multiple reasonable means of exercising the ability to OPT OUT and said financial institution must comply with consumers request in a timely manner. Said notice will be in effect immediately and indefinitely until a consumers direction in writing otherwise. Family Educational Rights and Privacy Act ( FERPA ) - 20 U.S.C. 1232g ( b ) Publication 4681 ( XXXX ), Canceled Debts, Certificates of Indebtedness, Foreclosures, Repossessions, and Abandonments- if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid- you must include the canceled debt in your income- If you receive a Form 1099-C, that means an applicable entity has reported an identifiable event to the IRS regarding a debt you owe, this canceled debt is ordinary income and must be reported on the appropriate form discussed above- Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return In my home state of Arizona, where I currently reside and have been living over 37 years, has its own set of very comprehensive laws which offer a substantial amount of umbrella coverage for consumers and the protection of their NONPUBLIC PERSONAL INFORMATION. These Arizona Revised Statutes or A.R.S. Codes under Title 18 XXXX XXXXXXXX Consumer Data Privacy take precedence when it comes to authority and enforcement over the above stated Federal Laws. I have included the most pertinent to my situation below : Title 18, Arizona Revised Statutes XXXX XXXX CONSUMER DATA PRIVACY ARTICLE 1. GENERAL PROVISIONS 18-701. Consumer data privacy ; collection of personal information ; requirements ; civil action ; state preemption ; definitions Sec. 2. Legislative findings A. The legislature finds : 1. That it is an important and substantial state interest to protect consumers ' private, personal data in this state. 2. That, with the increasing use of technology and data in everyday life, there is an increasing amount of private, personal data being shared by consumers with businesses as a part of everyday transactions and online and other activities. XXXX. That the increasing collection, storage, use and sale of personal data creates increased risks of identity theft, financial loss and other misuse of private personal data. 4. That many consumers do not know, understand or have appropriate authority over the distribution, use, sale or disclosure of their personal data. B. The legislature intends that consumers should have the right to : 1. Know what personal information is being collected about them. 2. Know whether their personal information is sold or disclosed and to whom. 3. Decline or opt out of the sale of their personal information. 4. Access their personal information that has been collected. 5. Receive equal service and price, even if they exercise their rights.
Company Response:
State: AZ
Zip: 85142
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: RE : Investigation Request to Delete Credit Inquires To whom it may concern, In accordance with the Fair Credit Reporting Act Section 611 ( 15 U.S.C. 1681I ), I am practicing my right to challenge questionable information that I have found on my personal credit report. I do not recognize the information listed below and request that you investigate the source of these accounts and ascertain that the creditor had a permissible purpose, and is able to verify my complete file information including full name, address, date of birth and SSN #. INCORRECT ACCOUNT INFORMATION The accounts below are reporting incorrectly please investigate these : XXXX. XXXX XXXXXXXX XXXX Account number : XXXX Reason for removal : In accordance with the Fair Credit Reporting Act Section 611 ( 15 U.S.C. 1681I ), I am practicing my right to challenge questionable information that I have found on my personal credit report. I do not recognize the information listed below and request that you investigate the source of these accounts and ascertain that the creditor had a permissible purpose, and is able to verify my complete file information including full name, address, date of birth and SSN #. XXXX XXXX XXXX XXXX are wrong. INCORRECT CREDIT INQUIRIES I am disputing the following inquiries which I did not authorize : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: TX
Zip: 77498
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A