Date Received: 2023-12-30
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I sent a letter to remove items that are UNKNOWN to me. I came across this law today and according to the Per FCRA 605B ( 15 U.S.C. 1681c-2 ) you are required to remove any accounts or information not later than 4 business days. Ive already included this in my previous Complaint & I am including it again., XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX
Company Response:
State: CA
Zip: 94501
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
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 submitted a letter to the XXXX Credit Bureaus to update this suspicious information. I think you have not validated these items by Sections 609 ( a ) ( 1 ) ( A ) and 611 ( a ) ( 1 ) ( A ), and I will pursue legal action against them. This was already included in my prior COMPLAINT, and I'm including it again. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 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: GA
Zip: 30092
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Kindly remove this to my credit report. This is causing me a lot of stress and anxiety.
Company Response:
State: TX
Zip: 77005
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: It appears that my my credit file has been compromised. Again, I was going through my records & noticed many items which do not belong to me. Since Im a stickler for research, I found that under section 605b of the FCRA you are required by law to remove & block any items which is found to be fraud due to identity theft. The dispute items do not belong to me. Im attaching the required FTC Report for you and the bank 's records. Please block/remove these items. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 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: CA
Zip: 90601
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
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 Account Number : 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: IL
Zip: 60651
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Subject : Disputes with Credit Reporting Agencies - Request for Assistance Dear Consumer Financial Protection Bureau, I am writing to bring to your attention a matter of great concern regarding disputes I have encountered with the XXXX main credit bureaus : Equifax, XXXX, and XXXX. I have been diligently working to rectify discrepancies on my credit report related to XXXX specific accounts. Despite my efforts, these discrepancies persist, and I believe that my rights as a consumer are being compromised. Below, I have outlined the details of each account in question along with a brief summary of the issues : 1. XXXX XXXX XXXX XXXX Date Opened : XX/XX/XXXX - Balance : {$0.00} - Status : Sold ; Charged-off - Remarks : Purchased by another lender ; unpaid balance charged off - Action Taken : I have paid this account, and it should be reflected accurately. XXXX. XXXX XXXX XXXX Date Opened : XX/XX/XXXX - Balance : {$2700.00} - Status : Collection - Remarks : High balance discrepancies- Action Taken : The reported information is inaccurate XXXX XXXX XXXX XXXX XXXX Date Opened : XX/XX/XXXX - Balance : {$1200.00} - Status : Collection - Remarks : Placed for collection ; not my account - Action Taken : I dispute the validity of this account ; it is not mine. XXXX XXXX XXXX ( XXXX Accounts ) XXXX XXXX Date Opened : XX/XX/XXXX - Balance : {$0.00} - Status : Current ; Paid as Agreed - Remarks : Credit card lost or stolen - Action Taken : Both accounts are closed and should be removed from my report. XXXX XXXX XXXX XXXX - Date Opened : XX/XX/XXXX - Balance : {$0.00} - Status : Account Paid in Full ; was a Collection - Remarks : Settled less than full balance ; paid collection - Action Taken : I request the removal of this account from my report. XXXX XXXX XXXX XXXX Date Opened : XX/XX/XXXX - Balance : {$4000.00} - Status : Charge-off - Action Taken : Submitted mutliple disputes. XXXX XXXX XXXX XXXX Date Opened : XX/XX/XXXX - Balance : {$7600.00} - Status : Collection - Remarks : Account previously in dispute-now resolved; placed for collection - Action Taken : I am seeking removal under the XXXX XXXX XXXX XXXX XXXX XXXX XXXX I have attached supporting documentation to validate my claims. Please investigate these matters with the respective credit bureaus and facilitate the correction of inaccuracies in my credit reports. Your prompt attention to this matter is highly appreciated. Thank you for your assistance. Sincerely, XXXX XXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: To update this suspicious information, I sent a letter to the XXXX credit bureaus. I believe that these accounts have not been verified in line with Sections 609 ( a ) ( 1 ) ( A ) and 611 ( a ) ( 1 ) ( A ), and I shall take legal action against you for this. This was previously incorporated into my last COMPLAINT, and I'm including it once more. XXXX XXXX Balance : {$300.00} XXXX XXXX Balance : {$24000.00}
Company Response:
State: CA
Zip: 94501
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I am writing to file a formal complaint regarding the persistent difficulties I have encountered in attempting to remove fraudulent items from my credit report. Despite numerous attempts to address this matter, the inaccuracies persist, posing a significant threat to my financial well-being and causing substantial distress. I have attached my supporting documents including my Driver 's License and Social Security Number. These fraudulent items are severely impacting your credit score and causing financial distress, providing specific examples if applicable. Under the Fair Credit Reporting Act ( FCRA ) it is the obligation of Credit Bureaus to conduct a fair and thorough investigation into disputed information. I am requesting for your assisstance to resove this issue promptly, and to work with the relevant credit reporting agencies to address the persistent inaccuracies related to the fraudulent items. I am deeply troubled by the continued presence of fraudulent items on my credit report, despite my numerous attempts to rectify the situation. I trust that the Consumer Financial Protection Bureau will conduct a thorough investigation into this matter and take the necessary steps to promptly remove these inaccuracies. I am asking for your assistance to remove these fraudulent items in my credit file : XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX XXXX Balance : {$0.00} XXXX XXXX XXXX XXXX Balance : {$0.00} XXXX XXXX XXXX Balance : {$87.00} XXXX XXXX XXXX Balance : {$100.00} XXXX ( Original Creditor : XXXXXXXX XXXX XXXX ) XXXX Balance : {$8800.00} XXXX XXXX XXXX XXXX XXXX Balance : {$2100.00} XXXX XXXX Balance : {$140.00} XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX XXXX XXXX Balance : {$100.00} XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Balance : {$0.00} XXXX XXXX XXXX XXXX Balance : {$0.00} XXXX XXXX Balance : {$8800.00} XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Balance : {$0.00} XXXX XXXX XXXX XXXX Balance : {$0.00} XXXX ( Original Creditor : XXXX XXXX XXXX XXXX XXXX Balance : {$480.00} XXXX ( Original Creditor : XXXX XXXX XXXX ) XXXX Balance : {$8800.00} XXXX XXXX Balance : {$140.00} XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) XXXX Balance : {$100.00} XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: TX
Zip: 76001
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: XX/XX/XXXX i reached out to each bureau to correct all the inaccurate information as well as reporting information without my consent. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source. [ 65 FR 33677, May 24, 2000, as amended at 86 FR 70025, Dec. 9, 2021 ] 313.2 Model privacy form and examples. ( a ) Model privacy form. Use of the model privacy form in appendix A of this part, consistent with the instructions in appendix A, constitutes compliance with the notice content requirements of 313.6 and 313.7 of this part, although use of the model privacy form is not required. ( b ) Examples. The examples in this part are not exclusive. Compliance with an example, to the extent applicable, constitutes compliance with this part. [ 74 FR 62965, Dec. 1, 2009 ] 313.3 Definitions. As used in this part, unless the context requires otherwise : ( a ) Affiliate means any company that controls, is controlled by, or is under common control with another company. ( b ) ( 1 ) Clear and conspicuous means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice. ( 2 ) Examples ( i ) Reasonably understandable. You make your notice reasonably understandable if you : ( A ) Present the information in the notice in clear, concise sentences, paragraphs, and sections ; ( B ) Use short explanatory sentences or bullet lists whenever possible ; ( C ) Use definite, concrete, everyday words and active voice whenever possible ; ( D ) Avoid multiple negatives ; ( E ) Avoid legal and highly technical business terminology whenever possible ; and ( F ) Avoid explanations that are imprecise and readily subject to different interpretations. ( ii ) Designed to call attention. You design your notice to call attention to the nature and significance of the information in it if you : ( A ) Use a plain-language heading to call attention to the notice ; ( B ) Use a typeface and type size that are easy to read ; ( C ) Provide wide margins and ample line spacing ; ( D ) Use boldface or italics for key words ; and ( E ) In a form that combines your notice with other information, use distinctive type size, style, and graphic devices, such as shading or sidebars, when you combine your notice with other information. ( iii ) Notices on web sites. If you provide a notice on a web page, you design your notice to call attention to the nature and significance of the information in it if you use text or visual cues to encourage scrolling down the page if necessary to view the entire notice and ensure that other elements on the web site ( such as text, graphics, hyperlinks, or sound ) do not distract attention from the notice, and you either : ( A ) Place the notice on a screen that consumers frequently access, such as a page on which transactions are conducted ; or ( B ) Place a link on a screen that consumers frequently access, such as a page on which transactions are conducted, that connects directly to the notice and is labeled appropriately to convey the importance, nature and relevance of the notice. ( c ) Collect means to obtain information that you organize or can retrieve by the name of an individual or by identifying number, symbol, or other identifying particular assigned to the individual, irrespective of the source of the underlying information. ( d ) Company means any corporation, limited liability company, business trust, general or limited partnership, association, or similar organization. ( e ) ( 1 ) Consumer means an individual who obtains or has obtained a financial product or service from you that is to be used primarily for personal, family, or household purposes, or that individual 's legal representative. ( 2 ) For example : ( i ) An individual who applies to you for credit for personal, family, or household purposes is a consumer of a financial service, regardless of whether the credit is extended. ( ii ) An individual who provides nonpublic personal information to you in order to obtain a determination about whether he or she may qualify for a loan to be used primarily for personal, family, or household purposes is a consumer of a financial service, regardless of whether the loan is extended. ( iii ) If you hold ownership or servicing rights to an individual 's loan that is used primarily for personal, family, or household purposes, the individual is your consumer, even if you hold those rights in conjunction with one or more other institutions. ( The individual is also a consumer with respect to the other financial institutions involved. ) An individual who has a loan in which you have ownership or servicing rights is your consumer, even if you, or another institution with those rights, hire an agent to collect on the loan. ( iv ) An individual who is a consumer of another financial institution is not your consumer solely because you act as agent for, or provide processing or other services to, that financial institution. ( v ) An individual is not your consumer solely because he or she is a participant or a beneficiary of an employee benefit plan that you sponsor or for which you act as a trustee or fiduciary. ( f ) Consumer reporting agency has the same meaning as in section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ). ( g ) Control of a company means : ( 1 ) Ownership, control, or power to vote 25 percent or more of the outstanding shares of any class of voting security of the company, directly or indirectly, or acting through one or more other persons ; ( 2 ) Control in any manner over the election of a majority of the directors, trustees, or general partners ( or individuals exercising similar functions ) of the company; or ( 3 ) The power to exercise, directly or indirectly, a controlling influence over the management or policies of the company. ( h ) Customer means a consumer who has a customer relationship with you. ( i ) ( 1 ) Customer relationship means a continuing relationship between a consumer and you under which you provide one or more financial products or services to the consumer that are to be used primarily for personal, family, or household purposes. ( 2 ) For example : ( i ) Continuing relationship. A consumer has a continuing relationship with you if the consumer : ( A ) Has a credit or investment account with you ; ( B ) Obtains a loan from you ; ( C ) Purchases an insurance product from you ; ( D ) Enters into an agreement or understanding with you whereby you undertake to arrange or broker a home mortgage loan, or credit to purchase a vehicle, for the consumer ; ( E ) Enters into a lease of personal property on a non-operating basis with you ; or ( F ) Has a loan for which you own the servicing rights. ( ii ) No continuing relationship. A consumer does not, however, have a continuing relationship with you if : ( A ) The consumer obtains a financial product or service from you only in isolated transactions, such as cashing a check with you or making a wire transfer through you ; ( B ) You sell the consumer 's loan and do not retain the rights to service that loan ; or ( C ) The consumer obtains one-time personal appraisal services from you. ( j ) Federal functional regulator means : ( 1 ) The Board of Governors of the Federal Reserve System ; ( 2 ) The Office of the Comptroller of the Currency ; ( 3 ) The Board of Directors of the Federal Deposit Insurance Corporation ; ( 4 ) The National Credit Union Administration Board ; and ( 5 ) The Securities and Exchange Commission. ( k ) ( 1 ) Financial institution means any institution the business of which is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ). An institution that is significantly engaged in financial activities, or significantly engaged in activities incidental to such financial activities, is a financial institution. ( 2 ) An example of a financial institution is an automobile dealership that, as a usual part of its business, leases automobiles on a nonoperating basis for longer than XXXX days is a financial institution with respect to its leasing business because leasing personal property on a nonoperating basis where the initial term of the lease is at least XXXX days is a financial activity listed in 12 CFR 225.28 ( b ) ( 3 ) and referenced in section 4 ( k ) ( 4 ) ( F ) of the Bank Holding Company Act. ( 3 ) Financial institution does not include entities that engage in financial activities but that are not significantly engaged in those financial activities. ( 4 ) An example of entities that are not significantly engaged in financial activities is a motor vehicle dealer is not a financial institution merely because it accepts payment in the form of cash, checks, or credit cards that it did not issue. ( l ) ( 1 ) Financial product or service means any product or service that a financial holding company could offer by engaging in a financial activity under section 4 ( k ) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843 ( k ) ). ( 2 ) Financial service includes your evaluation or brokerage of information that you collect in connection with a request or an application from a consumer for a financial product or service. ( m ) ( 1 ) Nonaffiliated third party means any person except : ( i ) Your affiliate; or ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third party includes the other company that jointly employs the person ). ( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type described in section 4 ( k ) ( 4 ) ( H ) or insurance company investment activities of the type described in section 4 ( k ) ( 4 ) ( I ) of the Bank Holding Company Act ( 12 U.S.C. 1843 ( k ) ( 4 ) ( H ) and ( I ) ). ( n ) ( 1 ) 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. ( 2 ) Nonpublic personal information does not include : ( i ) Publicly available information, except as included on a list described in paragraph ( n ) ( 1 ) ( ii ) of this section; or ( ii ) Any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any personally identifiable financial information that is not publicly available. ( 3 ) Examples of lists ( i ) Nonpublic personal information includes any list of individuals ' names and street addresses that is derived in whole or in part using personally identifiable financial information ( that is not publicly available ), such as account numbers. ( ii ) Nonpublic personal information does not include any list of individuals ' names and addresses that contains only publicly available information, is not derived, in whole or in part, using personally identifiable financial information that is not publicly available, and is not disclosed in a manner that indicates that any of the individuals on the list is a consumer of a financial institution. ( o ) ( 1 ) 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. ( 2 ) Examples ( i ) Information included. Personally identifiable financial information includes : ( A ) Information a consumer provides to you on an application to obtain a loan, credit card, or other financial product or service; ( B ) Account balance information, payment history, overdraft history, and credit or debit card purchase information ; ( C ) The fact that an individual is or has been one of your customers or has obtained a financial product or service from you ; ( D ) Any information about your consumer if it is disclosed in a manner that indicates that the individual is or has been your consumer ; ( E ) Any information that a consumer provides to you or that you or your agent otherwise obtain in connection with collecting on, or servicing, a credit account ; ( F ) Any information you collect through an Internet cookie ( an information collecting device from a web server ) ; and ( G ) Information from a consumer report. ( ii ) Information not included. Personally identifiable financial information does not include : ( A ) A list of names and addresses of customers of an entity that is not a financial institution ; and ( B ) Information that does not identify a consumer, such as aggregate information or blind data that does not contain personal identifiers such as account numbers, names, or addresses. ( p ) ( 1 ) Publicly available information means any information that you have a reasonable basis to believe is lawfully made available to the general public from : ( i ) Federal, State, or local government records ; ( ii ) Widely distributed media ; or ( iii ) Disclosures to the general public that are required to be made by Federal, State, or local law. ( 2 ) Reasonable basis. You have a reasonable basis to believe that information is lawfully made available to the general public if you have taken steps to determine : ( i ) That the information is of the type that is available to the general public; and ( ii ) Whether an individual can direct that the information not be made available to the general public and, if so, that your consumer has not done so. ( 3 ) Examples ( i ) Government records. Publicly available information in government records includes information in government real estate records and security interest filings. ( ii ) Widely distributed media. Publicly available information from widely distributed media includes information from a telephone book, a television or radio program, a newspaper, or a web site that is available to the general public on an unrestricted basis. A web site is not restricted merely because an Internet service provider or a site operator requires a fee or a password, so long as access is available to the general public. ( iii ) Reasonable basis ( A ) You have a reasonable basis to believe that mortgage information is lawfully made available to the general public if you have determined that the information is of the type included on the public record in the jurisdiction where the mortgage would be recorded. ( B ) You have a reasonable basis to believe that an individual 's telephone number is lawfully made available to the general public if you have located the telephone number in the telephone book or the consumer has informed you that the telephone number is not unlisted. ( q ) You includes each financial institution over which the Commission has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6804 ( a ) ( 1 ) ( C ) ). [ 65 FR 33677, May 24, 2000, as amended at 86 FR 70025, Dec. 9, 2021 ] Subpart APrivacy and Opt Out Notices 313.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 313.14 and 313.15. ( b ) When initial notice to a consumer is not required. You are not required to provide an initial notice to a consumer under paragraph ( a ) of this section if : ( 1 ) You do not disclose any nonpublic personal information about the consumer to any nonaffiliated third party, other than as authorized by 313.14 and 313.15 ; and ( 2 ) You do not have a customer relationship with the consumer. ( c ) When you establish a customer relationship ( 1 ) General rule. You establish a customer relationship when you and the consumer enter into a continuing relationship. ( 2 ) Special rule for loans. You establish a customer relationship with a consumer when you originate a loan to the consumer for personal, family, or household purposes. If you subsequently transfer the servicing rights to that loan to another financial institution, the customer relationship transfers with the servicing rights. ( 3 ) Examples ( i ) Examples of establishing a customer relationship. You establish a customer relationship when the consumer : ( A ) Executes the contract to obtain credit from you or purchase insurance from you; or ( B ) Executes the lease for personal property with you. ( ii ) Examples of loan rule. You establish a customer relationship with a consumer who obtains a loan for personal, family, or household purposes when you : ( A ) Originate the loan to the consumer and retain the servicing rights; or ( B ) Purchase the servicing rights to the consumer 's loan. ( d ) Existing customers. When an existing customer obtains a new financial product or service from you that is to be used primarily for personal, family, or household purposes, you satisfy the initial notice requirements of paragraph ( a ) of this section as follows : ( 1 ) You may provide a revised privacy notice, under 313.8, that covers the customer 's new financial product or service; or ( 2 ) If the initial, revised, or annual notice that you most recently provided to that customer was accurate with respect to the new financial product or service, you do not need to provide a new privacy notice under paragraph ( a ) of this section. ( e ) Exceptions to allow subsequent delivery of notice ( 1 ) General. You may provide the initial notice required by paragraph ( a ) ( 1 ) of this section within a reasonable time after you establish a customer relationship if : ( i ) Establishing the customer relationship is not at the customer 's election; or ( ii ) Providing notice not later than when you establish a customer relationship would substantially delay the customer 's transaction and customer agrees to receive the notice at a later time. ( 2 ) Examples of exceptions ( i ) Substantial delay of customer 's transaction. Providing notice not later than when you establish a customer relationship would substantially delay the customer 's transaction when you and the individual agree over the telephone to enter into a customer relationship involving prompt delivery of the financial product or service. ( ii ) No substantial delay of customer 's transaction. Providing notice not later than when you establish a customer relationship would not substantially delay the customer 's transaction when the relationship is initiated in person at your office or through other means by which the customer may view the notice, such as through a website. ( f ) Delivery. When you are required to deliver an initial privacy notice by this section, you must deliver it according to 313.9. If you use a short-form initial notice for non-customers according to 313.6 ( d ), you may deliver your privacy notice according to 313.6 ( d ) ( 3 ). [ 65 FR 33677, May 24, 2000, as amended at 86 FR 70026, Dec. 9, 2021 ] 313.5 Annual privacy notice to customers required. ( a ) In general ( 1 ) General rule. Except as provided by paragraph ( e ) of this section, you must provide a clear and conspicuous notice to customers that accurately reflects your privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of XXXX consecutive months during which that relationship exists. You may define the XXXXconsecutive-month period, but you must apply it to the customer on a consistent basis. ( 2 ) Example. You provide a notice annually if you define the XXXXconsecutive-month period as a calendar year and provide the annual notice to the customer once in each calendar year following the calendar year in which you provided the initial notice. For example, if a customer opens an account on any day of year XXXX, you must provide an annual notice to that customer by XX/XX/XXXX of year XXXX. ( b ) ( 1 ) Termination of customer relationship. You are not required to provide an annual notice to a former customer. ( 2 ) Examples. Your customer becomes a former customer when : ( i ) In the case of a closed-end loan, the customer pays the loan in full, you charge off the loan, or you sell the loan without retaining servicing rights. ( ii ) In the case of mortgage or vehicle loan brokering services, your customer has obtained a loan through you ( and you no longer provide any statements or notices to the customer concerning that relationship ), or has ceased using your services for such purposes. ( iii ) In cases where there is no definitive time at which the customer relationship has terminated, you have not communicated with the customer about the relationship for a period of XXXX consecutive months, other than to provide annual privacy notices or promotional material. ( c ) Special rule for loans. If you do not have a customer relationship with a consumer under the special rule for loans in 313.4 ( c ) ( 2 ), then you need not provide an annual notice to that consumer under this section. ( d ) Delivery. When you are required to deliver an annual privacy notice by this section, you must deliver it according to 313.9. ( e ) Exception to annual privacy notice requirement ( 1 ) When exception available. You are not required to deliver an annual privacy notice if you : ( i ) Provide nonpublic personal information to nonaffiliated third parties only in accordance with the provisions of 313.13, 313.14, or 313.15 ; and ( ii ) Have not changed your policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed to the customer under 313.6 ( a ) ( 2 ) through ( 5 ) and ( 9 ) in the most recent privacy notice provided pursuant to this part. ( 2 ) Delivery of annual privacy notice after financial institution no longer meets requirements for exception. If you have been excepted from delivering an annual privacy notice pursuant to paragraph ( e ) ( 1 ) of this section and change your policies or practices in such a way that you no longer meet the requirements for that exception, you must comply with paragraph ( e ) ( 2 ) ( i ) or ( ii ) of this section, as applicable. ( i ) Changes preceded by a revised privacy notice. If you no longer meet the requirements of paragraph ( e ) ( 1 ) of this section because you change your policies or practices in such a way that 313.8 requires you to provide a revised privacy notice, you must provide an annual privacy notice in accordance with the timing requirement in paragraph ( a ) of this section, treating the revised privacy notice as an initial privacy notice. ( ii ) Changes not preceded by a revised privacy notice. If you no longer meet the requirements of paragraph ( e ) ( 1 ) of this section because you change your policies or practices in such a way that 313.8 does not require you to provide a revised privacy notice, you must provide an annual privacy notice within 100 days of the change in your policies or practices that causes you to no longer meet the requirement of paragraph ( e ) ( 1 ). ( iii ) Examples. ( A ) You change your policies and practices in such a way that you no longer meet the requirements of paragraph ( e ) ( 1 ) of this section effective XXXX XXXX of year XXXX. Assuming you define the XXXX-consecutive-month period pursuant to paragraph ( a ) of this section as a calendar year, if you were required to provide a revised privacy notice under 313.8 and you provided that notice on XX/XX/XXXX of year XXXX, you must provide an annual privacy notice by XX/XX/XXXX of year XXXX. If you were not required to provide a revised privacy notice under 313.8, you must provide an annual privacy notice by XX/XX/XXXX of year XXXX. ( B ) You change your policies and practices in such a way that you no longer meet the requirements of paragraph ( e ) ( 1 ) of this section, and so provide an annual notice to your customers. After providing the annual notice to your customers, you once again meet the requirements of paragraph ( e ) ( 1 ) of this section for an exception to the annual notice requirement. You do not need to provide additional annual notice to your customers until such time as you no longer meet the requirements of paragraph ( e ) ( 1 ) of this section. [ 65 FR 33677, May 24, 2000, as amended at 86 FR 70026, Dec. 9, 2021 ] 313.6 Information to be included in privacy notices. ( a ) General rule. The initial, annual, and revised privacy notices that you provide under 313.4, 313.5, and 313.8 must include each of the following items of information that applies to you or to the consumers to whom you send your privacy notice, in addition to any other information you wish to provide : ( 1 ) The categories of nonpublic personal information that you collect ; ( 2 ) The categories of nonpublic personal information that you disclose ; ( 3 ) The categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal information, other than those parties to whom you disclose information under 313.14 and 313.15 ; ( 4 ) The categories of nonpublic personal information about your former customers that you disclose and the categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal information about your former customers, other than those parties to whom you disclose information under 313.14 and 313.15 ; ( 5 ) If you disclose nonpublic personal information to a nonaffiliated third party under 313.13 ( and no exception under 313.14 or 313.15 applies to that disclosure ), a separate statement of the categories of information you disclose and the categories of third parties with whom you have contracted ; ( 6 ) An explanation of the consumer 's right under 313.10 ( a ) to opt out of the disclosure of nonpublic personal information to nonaffiliated third parties, including the method ( s ) by which the consumer may exercise that right at that time ; ( 7 ) Any disclosures that you make under section 603 ( d ) ( 2 ) ( A ) ( iii ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( d ) ( 2 ) ( A ) ( iii ) ) ( that is, notices regarding the ability to opt out of disclosures of information among affiliates ) ; ( 8 ) Your policies and practices with respect to protecting the confidentiality and security of nonpublic personal information; and ( 9 ) Any disclosure that you make under paragraph ( b ) of this section. ( b ) Description of nonaffiliated third parties subject to exceptions. If you disclose nonpublic personal information to third parties as authorized under 313.14 and 313.15, you are not required to list those exceptions in the initial or annual privacy notices required by 313.4 and 313.5. When describing the categories with respect to those parties, it is sufficient to state that you make disclosures to other nonaffiliated companies for your everyday business purposes, such as to process transactions, maintain account ( s ), respond to court orders and legal investigations, or report to credit bureaus. ( c ) Examples ( 1 ) Categories of nonpublic personal information that you collect. You satisfy the requirement to categorize the nonpublic personal information that you collect if you list the following categories, as applicable : ( i ) Information from the consumer ; ( ii ) Information about the consumer 's transactions with you or your affiliates ; ( iii ) Information about the consumer 's transactions with nonaffiliated third parties ; and ( iv ) Information from a consumer reporting agency. ( 2 ) Categories of nonpublic personal information you disclose ( i ) You satisfy the requirement to categorize the nonpublic personal information that you disclose if you list the categories described in paragraph ( e ) ( 1 ) of this section, as applicable, and a few examples to illustrate the types of information in each category. ( ii ) If you reserve the right to disclose all of the nonpublic personal information about consumers that you collect, you may simply state that fact without describing the categories or examples of the nonpublic personal information you disclose. ( 3 ) Categories of affiliates and nonaffiliated third parties to whom you disclose. You satisfy the requirement to categorize the affiliates and nonaffiliated third parties to whom you disclose nonpublic personal information if you list them using the following categories, as applicable, and a few applicable examples to illustrate the significant types of third parties covered in each category. ( i ) Financial service providers, followed by illustrative examples such as mortgage bankers, securities broker-dealers, and insurance agents. ( ii ) Non-financial companies, followed by illustrative examples such as retailers, magazine publishers, airlines, and direct marketers ; and ( iii ) Others, follow
Company Response:
State: NC
Zip: 283XX
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-30
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: In XX/XX/XXXX I was made aware of the EQUIFAX data breach and was given compensation and free credit reports for the credit bureaus. I have not been able to acquire any free credit reports nor unable to to log into XXXX free service to dispute or follow up or my requests for removal. My consumer rights and privacy have been violated. I did not authorized these companies to pull my credit report. I want these removed immediately or I will sue for the lost time and headache dealing with this. I have attached an FTC Affidavit. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 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: CA
Zip: 91350
Submitted Via: Web
Date Sent: 2023-12-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A