Date Received: 2024-01-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: NOTICE TO OPT OUT OF REPORTING, DISCLOSING AND SHARING OF LOAN ACCOUNT LISTED BELOW TO THIRD PARTY NONAFFILIATED THIRD PARTIES ( EXPERIAN, XXXX, XXXX XXXX XXXX. ) To : XXXX, Experian, et al. From : XXXX XXXX Date : XX/XX/XXXX RE : Notice to Opt Out as per XXXX XXXX XXXX XXXX ; XXXX CFR XXXX ; and the Privacy Act of XXXX XXXX XXXX XXXX On XX/XX/XXXX, I sent Affirm via certified mail XXXX XXXX XXXX XXXX XXXX XXXX a Notice to Cease and Desist reporting the loan account ending in XXXX to the credit reporting agencies. On XX/XX/XXXX, XXXX sent an email in response confirming that there is no obligation to repay the loan and that the account would be updated. However, this loan account is still showing on the credit report as a charge-off. As a charge off is considered income and as I previously exercised my rights to not have this account reported, I am now re-submitting a Notice to Opt Out to inform Affirm and nonaffiliated third parties such as Experian et al, that I am now and forever exercising my rights as a federally protected consumer to opt out of having my private financial information i.e. Affirm loan account XXXX disclosed, reported and shared. Any consent whether verbal, non-verbal, written that XXXX, Experian, assumed existed never existed. In addition, as a consumer, my rights were intentionally violated by XXXX and the nonaffiliated third parties ( Experian, et al ) as I was never provided with any conspicuous notice whether in electronic or paper format informing me of the right to opt out of any disclosures. I reiterate that this is not the first time, I have exercised my rights by requesting that XXXX and the nonaffiliate third parties cease and desist from reporting my non-public personal information. Therefore, by law XXXX loan account ending in XXXX must be immediately removed from the files of the nonaffiliated third parties Experian, et al within XXXX business hours. In addition, this correspondence and the prior correspondence will be entered into XXXX as evidence and used as a basis to seek enforcement, remedy and compensation for damages as I have repeatedly requested that my privacy not be violated by reporting, sharing and disclosing my confidential financial information without my written consent. This notice is also being filed with the Consumer Financial Protection Bureau because as XXXX XXXX XXXX provides : Subject to subtitle B of the Consumer Financial Protection Act of XXXX [ XXXX XXXX. XXXX et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX. According to XXXX XXXX XXXX ( a ), a financial institution such as XXXX has the continuing obligation to respect the privacy of its consumers and to protect the security and confidentiality of those consumers nonpublic personal information. This clearly did not happen in my case as XXXX without my knowledge and consent shared, reported and disclosed my confidential account numbers to various non-affiliates including but not limited to Experian et al. According to XXXX XXXX XXXX ( a ) Notice Requirements : a financial institution XXXX not disclose a consumers nonpublic personal information to a nonaffiliated third party unless notice is given. In ( XXXX ) ( A ) ( B ) ( C ) : the financial institution XXXX not disclose nonpublic personal information to a nonaffiliated third party unless the XXXX XXXX clearly and conspicuously discloses to the consumer in writing or in electronic form that the consumer has the right to exercise the nondisclosure option. Affirm never provided any notice explaining that I have the right to opt out but as the law provides me with this option I am exercising it anyway. The law in XXXX XXXX XXXX clearly states that I have the right to be notified of my right to opt out at the start of the relationship with the financial institution and not less than annually. Affirm never complied with this. According to XXXX CFR XXXX ( a ) Form of opt out notice to consumers ; opt out methods. XXXX ) Form of opt out notice. If you are required to provide an opt out notice under XXXX ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer XXXX exercise the opt out right. Furthermore XXXX XXXX ( XXXX ) under XXXX to comply with opt out states You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it and ( f ) XXXX right to opt out. A consumer XXXX exercise the right to opt out at any time. By not complying with the requirement to provide notices of disclosure and the right to opt out, XXXX has engaged in Unfair and Deceptive Practices. XXXX is thus obligated to comply with my notice to opt out by immediately ( within XXXX hours ) removing the loan account ending in XXXX from the files of the nonaffiliated third-party agencies Experian, XXXX. al. Affirm, and these nonaffiliated third parties are civilly liable for conspiring to violate my rights by not informing me of my rights to opt out.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 073XX
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I found inquiries that dont belong to me
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 18017
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: NOTICE TO OPT OUT OF REPORTING, DISCLOSING AND SHARING CREDIT CARD/ LOAN ACCOUNTS LISTED BELOW TO THIRD PARTY NONAFFILIATED THIRD PARTIES ( EXPERIAN XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) To : XXXX, XXXX, Experian, XXXX, XXXX XXXX XXXX al. From : XXXX XXXX Date : XX/XX/XXXX RE : Notice to Opt Out as per 15 USC 6801- 6805 ; 16 CFR 313.7 ; and the Privacy Act of 1974 5 USC 552a This Notice to Opt Out is to inform XXXX and nonaffiliated third parties, that I am now and forever exercising my rights as a federally protected consumer to opt out of having my private financial information i.e. XXXX XXXX XXXX in XXXX disclosed, reported and shared with Experian, XXXX and XXXX XXXX XXXX al XXXX Any consent whether verbal, non-verbal, written that XXXX XXXX Experian, XXXX, XXXX XXXX XXXX XXXX never existed. In addition, as a consumer, my rights were intentionally violated by XXXX and the nonaffiliated third parties ( Experian, XXXX, XXXX XXXX XXXX al XXXX XXXX I was never provided with any conspicuous notice whether in electronic or paper format informing me of the right to opt out of any disclosures. I am also stating for the record that this is not the first time, I have exercised my rights by requesting that XXXX and the nonaffiliate third parties cease and desist from reporting my non-public personal information. Therefore, by law the XXXX credit card ending in XXXX must be immediately removed from the files of the nonaffiliated third parties Experian, XXXX and XXXX XXXX within 48 business hours. In addition, this correspondence and the prior correspondence will be entered into Court as evidence and used as a basis to seek enforcement, remedy and compensation for damages as I have repeatedly requested that my privacy not be violated by reporting, sharing and disclosing my confidential financial information without my written consent. This notice is also being filed with the Consumer Financial Protection Bureau because as 15 USC 6805 provides : Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection. According to 15 USC 6801 ( a ), a financial institution such as XXXX has XXXX continuing obligation to respect the privacy of its consumers and to protect the security and confidentiality of those consumers nonpublic personal information. This clearly did not happen in my case as XXXX XXXX XXXX knowledge and consent shared, reported and disclosed my confidential account numbers to various non-affiliates including but not limited to Experian, XXXX, and XXXX XXXX XXXX According to 15 USC 6802 ( a ) Notice Requirements : a financial institution may not disclose a consumers nonpublic personal information to a nonaffiliated third party unless notice is given. In ( 1 ) ( A ) ( B ) ( C ) : the financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the financial institution clearly and conspicuously discloses to the consumer in writing or in electronic form that the consumer has the right to exercise the nondisclosure option. XXXX never provided any notice explaining that I have the right to opt out but as the law provides me with this option I am exercising it anyway. The law in 15 USC 6803 clearly states that I have the right to be notified of my right to opt out at the start of the relationship with the financial institution and not less than annually. XXXX never complied with this. According to 16 CFR 313.7 ( a ) Form of opt out notice to consumers ; opt out methods. 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. Furthermore 16 313.7 ( e ) under Time to comply with opt out states You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it and ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. By not complying with the requirement to provide notices of disclosure and the right to opt out, XXXX has engaged in Unfair and Deceptive Practices. XXXX is thus obligated to comply with my notice to opt out by immediately ( within 48 hours ) removing the account ending in XXXX from the files of the nonaffiliated third-party agencies Experian, XXXX and XXXX XXXX XXXX XXXX XXXX and these nonaffiliated third parties are civilly liable for conspiring to violate my rights by not informing me of my rights to opt out.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 073XX
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Experian CLOSING ALL THESE COMPLAINTS AND CFPB DOSE NOTHUNLESS THERE IS MONEY FOR THEM, CFPB STOP CLOSING COMPLAINTS FOR EXPERIAN MAK8NG THEM AS DUPLICATES M, SOME MUST BE GETTPAUD BY EXPERIAN TO DO THIS
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MO
Zip: 65202
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Kindly delete this incorrect account from my credit report. I never gave permission for its creation or use. I've attached the necessary documents to substantiate my claim.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75702
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I've consistently made payments on time for this account, and it's causing me immense stress to see an incorrect late payment entry. I've never faltered in my commitment to timely payments. The impact of this error on my mental well-being is significant, affecting my sleep and peace of mind.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 75039
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 15 USC 1681 a ( d ) ( 2 ) ( A ) ( i ) clearly states that transactions between the consumer and the XXXX/Corporation making the report is NOT included on the consumer reports. Yet XXXX, Experian & XXXX is reporting this information. The reporting of excluded information pursuant to 15 USC 1681 a ( d ) ( 2 ) ( A ) ( i ) on a consumer report is a clear violation of Metro2 compliance. Provide me with the Metro2 compliance disclosure on reporting transactions to a consumer reporting agency. I need the transactions reporting as late, collection/charge-off status and any other derogatory information deleted from my consumer reports effective immediately. Before you think to reply that this account has been validated, lets be clear that I am not asking you to validate or verify anything. So please do not respond by telling me that as a tactic to waste my valuable time. Some of the negative accounts have been placed in Collection/Charge-Off Status WITHOUT mailing me a copy of IRS form 1099-C Cancellation of Debt. XXXX, Experian, XXXX and the creditors reporting collections/Charge-Offs, late payments/other derogatory information in my consumer report are in violation of 26 USC ss 6050P Returns Relating to the Cancellation of Indebtedness By Certain Entities. If this derogatory account information is not deleted from my consumer reports within 30 days, I will be forced to officially file IRS form 3949A : Information Referral AND IRS form 211. Application For Award Original Information Overview with the Internal Revenue Service against ALL entities involved.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MA
Zip: 02184
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Problem with a company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I sent a letter regarding inaccurate and unknown things on my credit report. To this day over 30 days later I have not received a response yet. I feel like I'm being taken advantage of and being ignored of my disputes. Section XXXX ( a ), it is plainly stated that a failure to investigate these items within 30 days gives a reason to immediately remove those items from my credit report it has been over 30 days so they should be deleted promptly. I demand these accounts be deleted immediately or I will file for litigation due to the stress you caused me. My information was also impacted by the XXXX, Experian and XXXX data breach and XXXX have got into the hands of the wrong person.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90044
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I need to stress that I never gave permission for these accounts to be opened, and I believe they're the result of fraudulent activities. I urge you to meticulously examine these accounts and ensure they are promptly removed from my credit report.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 76123
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: XXXX complaint closed before XXXX by experian that can't access without giving my information to a person who can't speak XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MO
Zip: 65202
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A