Date Received: 2021-03-14
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: FIFTH THIRD locked my account because they said they didn't understand why I was receiving unemployment from a different state than the one I opened my account in 4 years ago. They have so far refused to look at the documentation I provided - paystubs from a factory I worked at and the XXXX XXXX XXXX I worked at, both showing my address, and a SIGNED storage contract with a Georgia storage facility that also had my address listed. I opened the account ONLINE. In XXXX I accepted a job in Georgia. I made regular bank transactions at the ATM in XXXX, XXXX A quick check would have proved this. CoVid hit and I was laid off. I received unemployment and had them directly deposited to another bank that I'd been happily banking with - XXXX. But, XXXX is not in Georgia. Later in XXXX, I was called back to work. I left Ohio again and went down to Georgia to work. Three months into the contract, the company completed a contract and laid the majority of us off again. I resumed unemployment. I chose to use XXXX XXXX for my direct deposits because my funds in that account were low. They locked my account. They snail mailed me a letter saying my account was locked and they would need further verification of my identity. I spoke to a XXXX XXXX name XXXX. He transferred me to the fraud department and XXXX answered the phone. XXXX told me to bring in a document showing I lived at the address that I was staying at in Georgia ( this was my Aunt 's home ). I called back shortly thereafter to see if I could email the information to them. This time I spoke with XXXX. XXXX told me to bring in more documentation, but said that I would have to bring the information to a branch to submit it to the fraud department. I went down to the branch and explained my situation to the teller who insinuated that I could close the account and access my funds. I told her that this concerned me because I don't want any negative marks on my account. She directed me to her manager - XXXX. In the meantime, as I was talking to XXXX, the teller and the XXXX XXXX was having a separate conversation. The teller seemed visibly upset and said that I would not be able to close the account and I knew this. The teller said that the analyst said he told me this the night before, and that I would need documentation to send to them. This was fine, as I had the documents. I had the documents printed off at the library, and gave the documents to the branch manager, who had the teller fax them over. The analyst refused to look at the documents! XXXX kept the copy of my ID and another document and ensured me that she would contact me when the account unlocks. That was early afternoon. I called back several times and found that not only had my documents NOT been looked at but they hadn't been assigned to anyone - as per XXXX ( who seemed to have difficulty understanding why I was calling ). The final time I called in, XXXX said that XXXX had my account and that he refused to look at it until 2 business days at least. This is unacceptable! They're locking my account, simply because they can! Payments for the weeks of XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX totalling {$2200.00}, plus the {$6.00} that I had in the account before directing my deposits to that account are all frozen. PLEASE UNLOCK MY ACCOUNT AND RESTORE ACCESS TO MY FUNDS BACK TO ME. I have automatic payments that come out of that account. I've gone above and beyond in providing documentation.
Company Response:
State: OH
Zip: 443XX
Submitted Via: Web
Date Sent: 2021-03-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-13
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have filed a dispute in regards to the incorrect items on my credit report. It has been over 30 days and I haven't received any investigation results.
Company Response:
State: OH
Zip: 436XX
Submitted Via: Web
Date Sent: 2021-03-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-12
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: Back in XX/XX/XXXX my bill for my credit card for fifth third bank had a balance of XXXX. I sent XXXX. They in turn tried to cash the check for the check number XXXX. Which over drafted my account. The issue was resolved and my account was credited, but it reappeared again in XXXX. Now they say the balance belongs to me and they have been investigating for over a month. In the meantime they call to say I'm behind payments and I have late fees. Yesterday they said they sent the late payment info to the credit Bureau. This is all been a nightmare my credit is being destroyed and I'm being harassed from collectors. For a computer error.
Company Response:
State: IL
Zip: 601XX
Submitted Via: Web
Date Sent: 2021-03-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-12
Issue: Opening an account
Subissue: Didn't receive terms that were advertised
Consumer Complaint: opened new account with 5/3 bank on XXXX XX/XX/XXXXXXXX with XXXX. Opened account with promise of {$500.00} bonus if that amount of money is deposited into account. Had to take money from another one of my accounts to deposit sum of XXXX into the new 5/3 account. I explained this to bank clerk. On advice from bank clerk XXXX XXXX at the XXXX XXXX, FL branch located at XXXX XXXX XXXX XXXX XXXX, FL XXXX she told me to write a check for that amount knowing I did not have the funds, but since it was a friday funds would not be taken out of the account until Monday- her words from the account in which I was writing the check from to fund this new account. However, 5/3 bank took the funds out that day, causing the check to bounce and charging me fees. XXXX did fix that situation and told me that everything was fine. However, I have still not received the {$500.00} bonus. Upon investigation, XXXX said it was because I had that bounced initial funding and which caused my account not to be in " good standing '' and I was disqualified from the bonus. However, I acted upon her advice and instructions. I feel the bank is cheating me out of the bonus on a technicality. The funds did make it and posted on XX/XX/20 and have been there ever since. I would like the bonus.
Company Response:
State: FL
Zip: 334XX
Submitted Via: Web
Date Sent: 2021-03-12
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-11
Issue: Trouble during payment process
Subissue:
Consumer Complaint: Not sure if this complaint is applicable to this bureau, but here it is. I don't recall receiving a mailed Form 1098 from my fifth third bank mortgage account. The account is a joint mortgage account between my brother and me, who file taxes separately. I made an online account and used it to pay the mortgage throughout the year. When setting it up I requested online document delivery. I have received online bank statements throughout the year. Now, when I am trying to access my tax documents they are not visible. I reached out to support and requested the 1098 form on XX/XX/2021. They advised that it is a joint account and I am not the primary holder so I will not get access to them. I believe their deadline to mail or give electronically is XX/XX/2021. I need access to my tax documents to file taxes, hopefully they will supply them before the deadline.
Company Response:
State: VA
Zip: 22312
Submitted Via: Web
Date Sent: 2021-03-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Fifth Third Bank is purposely reporting inaccurate information to the major credit bureaus violating the FCRA and the automatic stay in Bankruptcy. I sent a letter to Fifth Third Bank on XX/XX/XXXX requesting that they correct the erroneous information. Fifth Third Bank responded to me on XX/XX/XXXX stating In order to fully respond to your issue, we have opened issue XXXX. An email with our response will be sent to the email used for this issue. However, in some cases, it may be necessary to mail a letter to you at the address on file within twenty-five ( 25 ) days. As of today XX/XX/XXXX, Fifth Third Bank has yet to make any attempt to resolve the issue and continues to report inaccurate information to the credit bureaus. I disputed Fifth Thirds reporting of inaccurate information with XXXX on XX/XX/XXXX. Fifth Third Bank responded to XXXX that there information was correct and then they reported that the last payment made was in XX/XX/XXXX, derogatory and closed. The following month Fifth Third Bank reported that the last payment made was XX/XX/XXXX, and that the account is derogatory and closed. Fifth Third Bank should delete the account reporting if they can not report the account accurately. My mortgage account with Fifth Third Bank is OPEN not closed, paid on time, no payments are behind, not derogatory. It was opened in XX/XX/XXXX at {$47000.00} and has a current balance of {$20000.00}. I disputed Fifth Third Banks erroneous information with XXXX in the beginning of XX/XX/XXXX and after 33 days the erroneous account was removed as I sent proof of payments and current balance along with my current mortgage statement from Fifth Third Bank to XXXX. I disputed Fifth Third Banks erroneous information with XXXX on XX/XX/XXXX, XXXX and Fifth Third Bank has yet to respond to XXXX. I submitted mortgage statements directly from Fifth Third Bank to XXXX with my dispute for proof. My mortgage payment to Fifth Third Bank is paid directly to Fifth Third Bank, it is NOT paid in my chapter XXXX plan to the Trustee. There were no arrearages before I filled Chapter XXXX on XX/XX/XXXX. There is NO PMI, and no escrow for taxes or insurance and no payments have been late. To make matter worse, I received a mortgage statement from Fifth Third Bank dated XX/XX/XXXX which says I owe {$1300.00} by XX/XX/XXXX which includes {$1000.00} in post-petition bankruptcy attorney fees plus my monthly payment amount of {$320.00}. Fifth Third Bank is charging me post-petition Bankruptcy attorney fees that have not been approved by the bankruptcy court. Fifth Third Bank should not have sent me a bill for these fees. The XX/XX/XXXX mortgage statement states {$300.00} for bankruptcy attorney fees on XX/XX/XXXX and bankruptcy attorney fees on XX/XX/XXXX in the amounts of {$300.00}, {$140.00}, {$95.00} and {$230.00}. If you add those fees together the amount is {$1000.00}. Fifth Third Bank needs to correct there inaccurate reporting of my mortgage account immediately or delete the account from the credit bureaus immediately if they are unwilling to correct. Fifth Third Bank should also seek approval from the Bankruptcy court if they think that they are entitled to any post-petition bankruptcy attorney fees and not bill me for those fees stating that I must pay them by XX/XX/XXXX. Again, the mortgage did not have any arrearages prior to filling, no PMI and no escrow and the mortgage is paid directly to Fifth Third Bank. XXXX XXXX owns the note and Fifth Third is the servicer. XXXX XXXX will not reimburse Fifth Third Bank for bankruptcy attorney fees as the mortgage was not in default and had no arrearages prior to filing Chapter XXXX so Fifth Third Bank is trying to make me pay. I am attaching my mortgage statements from Fifth Third Bank for the months of XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX for your review to resolve this matter. I am also attaching the communication I sent to Fifth Third Bank requesting they correct there errors and the response I received back from Fifth Third Bank.
Company Response:
State: IN
Zip: 46219
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I contacted Fifth Third Bank several times at the end of XXXX and beginning-mid XXXX to notify them that I had changed jobs and my payday cycle was being changed. I told them that I would not be able to make my XX/XX/XXXX mortgage payment until the end of the month. Additionally I received a letter from the mortgage company that an additional {$140.00} was needed because the escrow was short. I contacted the company several times, and was told " no problem, as long as the payment is made before the end of the month it will not be reported to the credit agencies as being delinquent. '' I logged on to Fifth Third Bank 's website on XX/XX/XXXX at approximately XXXX XXXX to make my regular monthly mortgage payment as well as the additional money needed for escrow. The mortgage company did not process my payments until midway through the first week of XXXX. Additionally they sent me a follow up letter stating that they did not know what to do with the additional money I had sent them. Fifth Third Bank reported me as delinquent to all 3 credit agencies, even though I made the payment before the end of the XXXX month. I had to make several phone calls to the company about what to do with the additional money I sent them. They could not find any record of a letter asking for this additional money amount. Then at the end of XXXX I received another letter from Fifth Third Bank stating that they miscalculated my escrow and wanted me to send them over {$2000.00} in the next 15 days to fix the negative escrow balance, or they were raising my monthly mortgage payment by over {$100.00} for 31 months to make up the balance! This company does not return phone calls. When I asked them to listed to my recorded conversations I was told they could not locate my calls. This was not a mortgage company of my chosing. My original mortgage company has been bought out and traded several times since originally getting my mortgage in XXXX. I have paid my mortgage every month, with the exception of when I was hospitalized for several months due to XXXX on my XXXX back in XXXX, and at the time Fifth Third Bank was not the mortgage company. I have always paid Fifth Third Bank on time, with the exception of this one incident in which I called to notify them of a change in my paychecks. I am a XXXX who has been a frontline worker all during COVID. Despite living through and working a pandemic I always pay my bills on time. I am outraged that Fifth Third Bank did this to me. As a result my credit has dropped from a XXXX to a XXXX. Fifth Third Bank is refusing to correct this, and I am hoping you can help me.
Company Response:
State: NY
Zip: 125XX
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX XXXX XXXX, fl XXXX Social Security # XXXX DOB : XX/XX/XXXX XXXX XXXX XXXX, P. O. Box XXXX, XXXX, Texas XXXX XXXX XXXX XXXX XXXX, P. O. Box XXXX, XXXX, GA XXXX XXXX XXXX XXXX, P. O. Box XXXX, XXXX, PA XXXX DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. LEGAL DISPUTE REQUESTING FULL DISCLOSURE OF TRUE TIMELINES PERTAINING TO TRADELINE PROCUREMENT, IN ADDITION TO ACTUAL PAYMENT HISTORY PROVING ACTUAL INITIAL DATE OF FIRST 30-DAY LATE PAYMENT HISTORY, THUS TRIGGERING THE 7-YEAR RULE THAT RELATES TO ERRONEOUS OR OBSOLETE INFORMATION. 605. Requirements relating to information contained in consumer reports [ 15 U.S.C. 1681c ] ( a ) Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 [ United States Code ] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. ( 2 ) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. ( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years. ( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. ( 1 ) ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1 ( b ) Exempted cases. The provisions of subsection ( a ) of this section are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more ; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. ( c ) Running of reporting period. ( 1 ) In general. The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) ** of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. CREDITOR CONTACT INFORMATION : FIFTH THIRD BANK XXXX XXXX XXXX XXXX MD XXXX XXXX, OH XXXX ( XXXX ) XXXX ACCOUNT # XXXX # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX SERVICING XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX XXXX XXXX XXXX XXXX Attn : XXXX XXXX. XXXX, NJ XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX PO Box XXXX XXXX XXXX, SD XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. XXXX XXXX XXXX PO Box XXXX XXXX, DE XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. DISCLOSURE : At no time is this a dispute of identity theft or fraud, and I want my dispute answered by the creditor supplying the information on me to be 100 % validated, and/or to see if the timeline for its existence has passed, or if the credit/collection/public record tradeline is on my credit report in violation of the Fair Credit Reporting Act or a violation of the Fair Debt Collection Practices Act. Any item that I believe is not being validated by the creditor or collection agency or public record vendor will be disputed with the Consumer Financial Protection Bureau at a future date. If the item in dispute is legally valid, I will stand by that validation. We only request validation of information and/or debt ownership. At no time will I dispute a credit reporting agency, as it is imperative to the American free markets that XXXX, XXXX and XXXX XXXX maintain integrity for the American consumers. The following federal laws are what I am basing my rights under : Amended consumer rights Fair Credit Reporting Act XXXXublic Law 15 U.S.C. 1681 : XXXX : XXXX Fair Debt Collection Practices Act : XXXX XXXX XXXX I make this request based upon potentially six criteria : 1 ) That I personally agreed and signed a application and/or contract on an extension of credit, and that I may have been late on payments and desire to find an agreed upon timeline when my credit trade line will go to a positive status, or be in position for its legal deletion mandated by the Fair Credit Reporting Act 7-Year rule on the deletion of antiquated information. 2 ) That there may be items on my credit report that was acquired through a public record vendor, and that I may request a fully documented validation of any or all items posted from public record, and upon discovery may request the deletion of the public record postings based upon legal time limits, and/or completed research proving the settled agreements between myself and a second or third party. In and event, if the public record is legal, I will agree upon the trade line being maintained on my credit report until the time arrives where it can legally be removed. 3 ) I may dispute any collection agency that maintains that they are attempting to collect a debt, either for an original creditor I may have had an association with, or if the collection agency maintains that they have acquired the debt. I may request from the debt collector full documentation of assignment of debt collection in written form as mandated by the Federal Trade Commission, including but not limited to verification that the collection agency is bonded and legally approved to collect debts from consumers within my state of residency, and if the agency maintains that the debt has been acquired by purchase, then full documented history of the debt transfer either directly from the original creditor and/or from the securitized trust the debt may have been sold to in a debt portfolio administered through the full regulatory body of the Securities and Exchange Commission. I may in addition request such documentation through the Federal Deposit Insurance Corporation if that is indeed the governing body of the original credit grantor. 4 ) I will dispute all public utility payment histories including the collection process assigned to any collection agency, as all public utilities including cell phone charges, natural gas, electric and public violations within municipalities are not governed by the Fair Credit Reporting Act, but by governing bodies within each state known as public service commissions. At no time will I ever agree upon the postings of public utilities on my credit report, even though I understand that I may volunteer to add my payment histories of this nature at any time. 5 ) I may request the services of the Consumer Financial Protection Bureau to help me as a potential mediator in cases where I believe that my rights under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act are in violation. At all times I will maintain a professional demeanor on the clearance of negative information on any of my credit reports. 6 ) I will only file a direct complaint with any credit reporting agency if I believe enough evidence has been ascertained showing that the creditor, collection agency and/or public service vendor is in violation of their subscriber agreement with any credit reporting agency. I may dispute excessive inquiries posted on my credit reports based on the following. As the Federal Trade Commission struggles every year with maintaining the integrity of the credit community, from filing charges against illegal collection practices that abuse against the Fair Credit Reporting Act ( FCRA ) and The Fair and Accurate Credit Transactions Act ( FACTA ), bigger problems have evolved that may never be addressed without Congressional overhaul on current legislation. There is one major problem in the FICO scoring models implemented with each major credit reporting agency ( CRAS ). The excessive use of credit checks that draw down ones credit scores, and in many cases these credit reports are run as a full inquiry that causes severe damage to a persons credit score even though there was no validation on approval to pull credit or as the FCRA states a legitimate business need. Accordingly ; I may request under my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Credit Transactions Act ( FACTA ), and the Fair Debt Collection Practices Act ( FDCPA ) I request a full validation of each posted inquiry, proving that I indeed signed a credit authorization for each inquiry. DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. LEGAL DISPUTE ON EXCESSIVE INQUIRY PRACTICES INTO A CONSUMER REPORT WITHOUT PROPER DISCLOSURES IN PLACE AND/OR ABUSIVE EXTENSION OF LEGITIMATE BUSINESS PURPOSES, THIS IS THE ACTUAL GUIDELINES OF OBTAINING CONSUMER REPORTS UNDER THE FAIR CREDIT REPORTING ACT As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. Although staff generally followed the format of the U.S. Code as published by the Government Printing Office, the format of this text does differ in minor ways from the Code ( and from West 's U.S. Code Annotated ). For example, this version uses FCRA section numbers ( 601-625 ) in the headings. ( The relevant U.S. Code citation is included with each section heading and each reference to the FCRA in the text. ) 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumer 's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant 's financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. ( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individual 's capacity to make child support payments or determining the appropriate level of such payments ; ( B ) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; ( C ) the person has provided at least 10 days ' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested ; and ( D ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. ( 5 ) To an agency administering a State plan under Section 454 of the Social Security Act ( 42 U.S.C. 654 ) for use to set an initial or modified child support award. ( b ) Conditions for furnishing and using consumer reports for employment purposes. ( 1 ) Certification from user. A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer 's rights under this title, as prescribed by the Federal Trade Commission under section 609 ( c ) ( 3 ) [ 1681g ]. ( 2 ) Disclosure to consumer. ( A ) In general. Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless -- ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application -- ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer 's rights under section 615 ( a ) ( 3 ) ; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumer 's application for employment only if -- ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. ( 3 ) Conditions on use for adverse actions. ( A ) In general. Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates -- ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this title, as prescribed by the Federal Trade Commission under section 609 ( c ) ( 3 ). I have opted out of my public information with LexisNexis, and I believe that requesting the deletion of any inquiry based on any legitimate connection to a public record vendor such as LexisNexis is within my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Transactions Act ( FACTA ) and the Fair Debt Collection Practices Act ( FDCPA ). In review of the numerous hard copy disputes on my credit report, I am requesting only the proper protocol to be adhered to in order to maintain the legitimacy of the hard inquiry, that includes an actual name of the person involved with any company that pulled a hard review of my credit history, but in addition a copy of the actual report ascertained from such a review. If these items can not be produced, then by deductive reasoning the hard inquiry is not 100 % legitimate. Accordingly, under review of 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ), I request the deletion of the following lists of hard inquiries as follows : I demand my rights be protected based on the 2020 Edition of the Privacy Act published by the U.S. Department of Justice. B. 5 U.S.C. 552a ( a ) ( 2 ) Individual [ T ] he term individual means a citizen of the United States or an alien lawfully admitted for permanent residence. 5 U.S.C. 552a ( a ) ( 2 ). Comment : The Privacy Acts definition of individual is much narrower than the FOIAs definition of person, which draws from the Administrative Procedures Act. See 5 U.S.C. 551 ( 2 ) ( 2018 ) ( defining person as an individual, partnership, corporation, association, or public or private organization other than an agency. ) ; see also, e.g., Raven, 583 F.2d at 170-71 ( comparing use of the word individual in the Privacy Act, as opposed to the word person, as more broadly used in the FOIA ) ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX ( D.D.C. XXXX XXXX XXXX XXXX plaintiff whose permanent resident status had been revoked is not an individual for the purposes of the Privacy Act.... Plaintiffs only potential access to the requested information is therefore under the Freedom of Information Act. ). The Privacy Act generally covers citizens and lawful permanent residents, but others have some protections. Generally, individuals under the Privacy Act are US citizens and lawful permanent residents. See S. Rep. No. 93-1183, at 79, reprinted in Source Book at 232, https : //www.justice.gov/opcl/paoverview_sourcebook ; OMB 1975 Guidelines, 40 Fed. Reg. at 28,951, https : XXXX. The XXXXrivacy Act as initially enacted did not generally protect non-resident foreign nationals. See, e.g., Raven v. Panama Canal Co., 583 F.2d 169, 170-71 ( 5th Cir. 1978 ) ( referencing legislative history that reflects the congressional intent to exclude nonresident aliens from Privacy Act coverage ) ; Soto v. State, 244 F. Supp. 3d 207, 208-09 ( D.D.C. 2017 ) ( per curiam ) ( unpublished table decision ) ( citing Fares v. INS, 50 F.3d 6 ( 4th Cir. 1995 ) ) ( [ Privacy ] Act only protects citizens of the United IMMEDIATE ACTION REQUIRED : PLEASE INSERT A BLOCK ON MY FILE FROM ALL FUTURE PROMOTIONAL REVIEWS THE FOLLOWING ATTACHED REVIEWS OF MY CREDIT IS A DISASTER AND I WOULD HAVE NEVER HAVE AUTHORIZE SO MANY REVIEWS. I HAVE DELETED ALL APPLICATIONS. PLEASE DELETE ALL OF THE ATTACHED CREDIT REVIEWS AS THEY WOULD HAVE NEVER BEEN AUTHORIZED. PLEASE BLOCK MY CREDIT REPORT INFORMATION FROM ALL UNAUTHORIZED INQUIRIES FROM THIS POINT FORWARD : This letter is addressed to the subscriber furnishing the information on my credit reports, and if this letter is addressed to any credit reporting agency, then it is considered a ghost letter mirroring the actual request for documentation of a credit trade line I may have issues with. It is my understanding that each credit reporting agency has an obligation to maintain accuracy within the banking/credit community, and I will fulfill my obligations to work within the credit system as it was designated. Thank you for your full consideration in this matter. Sincerely, XXXX XXXX XXXX XXXX
Company Response:
State: FL
Zip: 32257
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Applying for a mortgage or refinancing an existing mortgage
Subissue:
Consumer Complaint: We are trying to refinance our house. Fifth third will not release the escrow. We sent an email to them on XXXX XXXX. XXXX XXXX of XXXX XXXX is refinancing for us. His number is ( XXXX ) XXXX.
Company Response:
State: IN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-10
Issue: Trouble during payment process
Subissue:
Consumer Complaint: In XXXX I took out a mortgage with Fifth Third when I purchased my house. In XXXX I took part in the XXXX XXXX XXXX XXXX. The loan officer I was working with indicated that a value on my home wasn't needed as Fifth Third Bank had previously closed my loan. In XX/XX/XXXX, I contacted Fifth Third Bank to inquire about my PMI still being on the loan. My original purchase price value was {$150000.00} and I was well under 80 % LTV. I called by phone to Fifth Third Bank and they required that I send an email. Upon sending an email they never got back to me even though I received a confirmed response from Fifth Third. I inquired in XX/XX/XXXX why PMI was still on my account and they advised they mailed something to me back in XXXX. I advised I never received and they didn't offer to send it to me. I find it interesting that they require I communicate by email but then they change the way they respond. They advised my request was denied for PMI removal as a widely inaccurate AVM was pulled in XXXX with the HARP program. My house has a XXXX SEV of {$100000.00} so my value is clearly above {$200000.00}. Fifth Third advised the only way to remove the PMI was to get an appraisal since the AVM was {$130000.00} in XXXX. I inquired about the use of an AVM and they declined. I feel it is unfair that a lender can use an AVM but a borrower can not for similar purposes. I inquired about a value disclosure with my XXXX refinance and Fifth Third was unable to provide one. I'm asking the CFPB to find Fifth Third Bank responsible for employee loan officers who made incorrect statements, constantly changing the communication method making it difficult for borrowers, unfair practices with using AVMs and not allowing borrowers to do the same, and not escalating my concerns within the company. I would like my PMI waived effective XX/XX/XXXX and Fifth Third to pay me for the months I've had to pay PMI.
Company Response:
State: MI
Zip: 49508
Submitted Via: Web
Date Sent: 2021-03-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A