Date Received: 2024-01-16
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I've recently scrutinized my credit report and identified discrepancies in the reporting of certain accounts, revealing inaccuracies that raise concerns. It has come to my attention that these discrepancies compromise the accuracy of my credit profile. In accordance with the provisions outlined in the Fair Credit Reporting Act ( FCRA ), it is clearly stipulated that any accounts featuring inaccuracies on my credit report should be rectified and removed promptly. As a vigilant consumer who understands the rights and protections afforded by the FCRA, I am seeking immediate action to address these discrepancies and ensure the integrity of my credit information. I believe that accurate reporting is crucial for maintaining a fair and transparent credit history 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: MD
Zip: 20735
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I Have Been Incerated in a XXXX Facility for 9 years and have had a family member commit fraud and stole my identity I have filed charges on her and I have proof stating I was not out to file any bankruptcys thats reporting on my credit please help me fix this problem and remove this information from my credit that was fraud and not me. Thanks
Company Response:
State: VA
Zip: 23601
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: My Only First & Last Name : XXXX XXXX XXXX My Only Address : XXXX XXXX XXXX XXXX, NJ XXXX The last 4 of my SSN # XXXX My Only XXXX XXXX.I recently reached out to XXXX, XXXX and XXXX MULTIPLE TIMES now via the XXXX, the FTC, the CFPB, the California, consumer protection and innovation, as well as identity theft.gov and sent over affidavits of truth that were signed and notarized in the state of California the problem continues to persist with fraudulent information on my consumer report, and they are previous investigation, which rendered no results via XXXX XXXX XXXX XXXX, XXXXXXXX XXXX, Lexisnexis and XXXX XXXX under the fair credit reporting act15 USC 1681| ( A ) ( 1 ) ( A ) ( a ) REINVESTIGATIONS OF DISPUTED INFORMATION ( 1 ) REINVESTIGATION REQUIRED ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumer 's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. after speaking with all of the national credit reporting agencies, the violations continues. According to 15 USC 1681e ( b ) it states this ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.So I then asked them to provide me a description of the investigation according to 15 USC 16811 ( 7 ) : ( 7 ) Description of reinvestigation procedure A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description. But they did not do that as well either.Legal Violations and Reasons : Cease and Desist I allege that XXXX, XXXX, and XXXX are in blatant violation of the following U.S. codes and legislation for the reasons specified : 15 USC 1692c ( b ) : Unauthorized communication with third parties about my debt. 15 U.S. Code 1681s-2 : Failure to correct and update inaccurate information in my consumer reports. 15 U.S. Code 1681a ( 2 ) ( 1 ) : Misuse or misrepresentation of definitions and rules related to consumer reporting. 15 U.S. Code 1681 ( 3 ) ( e ) : Further misuse or misrepresentation of definitions and rules related to consumer reporting. 15 U.S. Code 1681i : Inadequate procedures for disputing the accuracy of my consumer reports. 15 U.S. Code 1681b : Unauthorized access or use of my consumer reports for impermissible purposes. H.R. 3046 Social Security Number Privacy and Identity Theft Prevention Act of 2007 : Unauthorized use or disclosure of my Social Security numbers. Section 326 of the USA PATRIOT Act : Failure to verify my identification by financial institutions. Gramm-Leach-Bliley Act, Section 501 : Failure to ensure the security and confidentiality of my personal and financial information. Gramm-Leach-Bliley Act, Section 502 : Unauthorized sharing of my non-public personal information with non-affiliated third parties. Gramm-Leach- Bliley Act, Section 504 : Non- compliance with federal regulations designed to enforce the act, thereby putting my personal and financial information at risk. 15USC 1681 a ( d ) ( 2 ) ( A ) ( i ) on a consumer report is a clear violation of XXXX compliance. Provide me with the XXXX 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 '', let 's 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. NOTICE TO AGENT ISNOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT Thus XXXX XXXX XXXX XXXX LEXISNEXISXXXX and the creditors reporting collections/Charge-Offs, late payments/other derogatory information in my consumer reports 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 For Original Information Overview with the Internal Revenue Service against ALL entities involved. I [ XXXX XXXX, issue this urgent and non-negotiable Affidavit of Truth. I am the original creditor, lender, executor, and administrator for all matters concerning my name and its derivatives. I act in public and private capacities and conduct business as [ XXXX XXXX ] I also serve as my agent and attorney-in-fact in all relevant matters. Oath and Declaration Under penalty of perjury, I solemnly swear to the highest power of creation that the information contained herein is unequivocally true and accurate. Any failure to acknowledge this affidavit will be considered bad faith. Privacy Rights : Immediate Action Required My right to privacy, as explicitly protected by the Fair Debt Collection Practices Act, has been egregiously violated. I demand the immediate and complete removal of my personal information from your website, company records, and any affiliated entities. Failure to comply will result in further legal action. Legal Violations and Reasons : Cease and Desist I allege that XXXX, XXXX, and XXXX XXXXXXXX XXXX XXXX LEXISNEXIS XXXX are in blatant violation of the following U.S. codes and legislation for the reasons specified : 15 USC 1692c ( b ) : Unauthorized communication with third parties about my debt.-ACCOUNT NAMES 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 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 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 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 300Legal Violations and Reasons : Cease and Desist I allege that XXXX XXXX XXXX, and XXXX are in blatant violation of the following U.S. codes and legislation for the reasons specified : 15 USC 1692c ( b ) : Unauthorized communication with third parties about my debt. 15 U.S. Code 1681s-2 : Failure to correct and update inaccurate information in my consumer reports. 15 U.S. Code 1681a ( 2 ) ( 1 ) : Misuse or misrepresentation of definitions and rules related to consumer reporting. 15 U.S. Code 1681 ( 3 ) ( e ) : Further misuse or misrepresentation of definitions and rules related to consumer reporting. 15 U.S. Code 1681i : Inadequate procedures for disputing the accuracy of my consumer reports. 15 U.S. Code 1681b : Unauthorized access or use of my consumer reports for impermissible purposes. H.R. 3046 Social Security Number Privacy and Identity Theft Prevention Act of 2007 : Unauthorized use or disclosure of my Social Security numbers. Section 326 of the USA PATRIOT Act : Failure to verify my identification by financial institutions. Gramm-Leach-Bliley Act, Section 501 : Failure to ensure the security and confidentiality of my personal and financial information. Gramm-Leach-Bliley Act, Section 502 : Unauthorized sharing of my non-public personal information with non-affiliated third parties. Gramm-Leach- Bliley Act, Section 504 : Non-compliance with federal regulations designed to enforce the act, thereby putting my personal and financial information at risk.Remedial Actions : Immediate and Non-Negotiable Compliance Required I insist that you act immediately to address the following concerns, which are non- negotiable and require your immediate attention 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 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 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 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 NOTICE TO AGENT THE Thus, if you are reporting this fraudulent debt on any of your sites and affiliated site XXXX XXXX LEXISNEXIS XXXX then, you must immediately inform them this ALLEGED debt is in dispute. Reportinginformation that you know to be inaccurate or failing to report information correctly violates the FCRA 1681s-2. theyve received the paperwork from the US Justice Department about the fraudulent accounts. The fraudulent inquiries that are on my consumer reports theyve continued to report them they have not verified orvalidated they have not shown me any consumer contracts, ledgers, or payments of anything of any sort they have not did a ( clear, conspicuous investigation ) into any of the allegations of the alleged debt XXXX are in VIOLATION 15 USC 1692c ( b ) 15 U.S. code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies. 15 U.S. code 1681a ( 2 ) ( 1 ), 15 U.S. code 1681 ( 3 ) ( e ), 15 U.S. code 16811 - procedure in case of disputed accuracy, 15 U.S. code 1681b - Permissible purposes of consumer report. H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007. Section 326 of USA PATRIOT Act. Gramm-leach-Bliley .15 USC 1681| ( A ) ( 1 ) ( A ) ( a ) REINVESTIGATIONS OF DISPUTED INFORMATION ( 1 ) REINVESTIGATION REQUIRED ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumer 's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before end of the 30-day period beginning on the date on which the agencyreceives the notice of the dispute from the consumer or reseller. I looked at my report back on XX/XX/XXXX, and noticed some things are incomplete and not accurate. I sent a letter to XXXX XXXX XXXX LEXISNEXIS XXXX XX/XX/XXXX and asked them to investigate the completeness and accuracy. I received the results and noticed they did not fix nothing. There are breaking Federal law According to 15 USC 1681e ( b ) it states this ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. " So I then asked them to provide me a description of the investigation according to 15 USC 1681 ( 7 ) : ( 7 ) Description of reinvestigation procedure A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description. But they did not do that as well either. They are also breaking these laws as well below 15 USC 1692c ( b ) : Unauthorized communicationwith third parties about my debt. 15 U.S. Code 1681s-2 : Failure to correct and update inaccurate information in my consumer reports. 15 U.S. Code 1681a ( 2 ) ( 1 ) : Misuse or misrepresentation of definitions and rules related to consumer reporting. 15 U.S. Code 1681 ( 3 ) ( e ) : Further misuse or misrepresentation of definitions and rules related to consumer reporting. 15 U.S. Code 1681i : Inadequate procedures for disputing the accuracy of my consumer reports. 15 U.S. Code 1681b : Unauthorized access or use of my consumer reports for impermissible purposes. H.R. 3046 Social Security Number Privacy and Identity Theft Prevention Act of 2007 : Unauthorized use or disclosure of my Social Security numbers. Section 326 of the USA PATRIOT Act : Failure to verify my identification by financial institutions. Gramm-Leach-Bliley Act, Section 501 : Failure to ensure the security and confidentiality of my personal and financial information. Gramm- Leach-Bliley Act, Section 502 : Unauthorized sharing of my non-public personal information with non-affiliated third parties. Gramm-Leach- Bliley Act, Section 504 : Non-compliance with federal regulations designed to enforce the act, thereby putting my personal and financial information at risk 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 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 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 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 information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by XXXXinto the ( FTC ) Federal Trade Commission for aggravated identity theft and Fraud. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the damages without further notice to you and this letter may be tendered as evidence of failure to comply.. You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Attorney General 's office and civil claims may be pursued.5 U.S. Code 1681c- 2 - Block of information Resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of- ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. ( b ) NOTIFICATION A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) - ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section ; 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, orindirectly through a reseller, of such dispute, theagency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Debt Collector name is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies XXXX XXXX furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data by XXXX XXXX XXXX for ALL OF THE ACCOUNTS REPORTED IN THIS COMPLAINT ( date ) with account number ( account # ). Failure to remove account in 15 days from my consumer report as requested will result in legal matters being taken and me turning you XXXX XXXX XXXXXXXX XXXX XXXX XXXX into the ( FTC ) Federal Trade Commission for aggravaled identity theft and Fraud. If this matter is not resolved by the time specified above, I reserve the right to commence legal proceedings to recover the damages without further notice to you and this letter may be tendered as evidence of failure to comply ( 15 USC 1681c-2 - Block of information resulting from identity theft NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT ( XXXX XXXX XXXX CONTINUE TO REPORT FRAUDULENT ACCOUNTS THIS makes you guilty and in violation of the False Claims Act ( FCA ) 31 U.S.C 3729-3733. ( Debt Collector name is also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT these companies XXXX XXXX /furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028 A ( copy of the : consumer credit contract is not sufficient to validate the debt. ) ( Validation requires - presentment of the account and ( general ledger statement signed and dated by the party responsible for maintaining the account. 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. UCC 9-201 ~ Request for accounting F.R.C.P. ( F.R.E. ) 1002 15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy I demand a deletion of all personal identifiable information from my consumer credit report with the exception of : 1. My Full Legal Name : First & Last Name 2. My Address : Address, City, State Zip Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to any of these addresses please delete these utdated ddresses and update the address with the one above. My only Phone number is ( xxx ) xxx-xxxx Delete any and all other phone numbers. i demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons. Ive sent paper work and complaints from the US Justice Department ( XXXX ) ( CALIFORNIA STATE ATTORNEY GENERAL COMPLAINT ) CALIFORNIA CONSUMER PROTECTION AND INNOVATION ) ( FTC COMPLAINT ) ALONG WITH -CEASE AND DESISTS ORDERS -AND ( AFFIDAVITS OF TRUTH ) -SIGN AND NOTORIZED TO - XXXX XXXX XXXX XXXX XXXX XXXX LEXISNEXIS XXXX ( 15USC 1681 a ( d\ ( 2 ] ( A ) ( i ) clearly states that transactions between the consumer and the Person/Corporation making the report is NOT included on the consumer reports. Yet XXXX XXXX XXXX XXXXXXXX XXXX XXXX LEXISNEXIS XXXX XXXXXXXX XXXX XXXX LEXISNEXIS XXXX IS reporting this information.. The reporting of excluded information pursuant to 15USC 1681 a ( d ) ( 2 ) ( A ) ( i ) on a consumer report is a clear violation of XXXX compliance. Provide me with the XXXX 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 '', let 's 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. NOTICE TO AGENT ISNOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE AGENT -XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX LEXISNEXIS XXXX XXXX XXXX XXXXLEXISNEXIS
Company Response:
State: NJ
Zip: 080XX
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX XXXX DATE : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX LexisNexis Risk Solutions XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX : DISPUTE OF CREDIT INQUIRIES- XXXX XXXXXXXX XXXX Dear XXXX XXXX XXXX, This correspondence serves as an official request under Section 1681i of the Fair Credit Reporting Act ( FCRA ), Title 15, U.S. Code, and Section 2701 of the Electronic Communications Privacy Act ( ECPA ) regarding disputes related to credit inquiries made by XXXX, XXXX on XXXX XXXX XXXXXXXX XXXX credit report . We would like to bring to your attention multiple hard and soft inquiries. The USC Code that relates to fraudulent inquiries is Title 15, Chapter 95, Subchapter VI, Section, Section 1681s ( c ) of the Fair Credit Reporting Act, which states that a consumer reporting agency shall not furnish information about to any person if the consumer 's file contains any statement that such person has not furnished the information to the consumer 's knowledge and consent. Additionally, the UCC prohibits any person from knowingly and willfully obtaining or using false or misleading information for any fraudulent purpose. So, in summary, we request you to investigate any suspected fraudulent inquiries made on XXXX XXXX XXXX credit report and take appropriate action against the parties responsible. Also, ensure that all inaccurate and fraudulent information is removed from his credit report and that appropriate steps are taken to prevent such occurrences in the future. Thank you for your prompt attention to this matter. List of inquiries that needs to be removed : 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 PRIVACY LAW OF 1974 STATES The Privacy Act of 1974, as amended, 5 U.S.C. 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. Sincerely, XXXX XXXX XXXX XXXX DATE : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX RE : DISPUTE OF CREDIT INQUIRIES- XXXX XXXX XXXX RE : DISPUTE OF PERSONAL INFORMATION - XXXX XXXX XXXX Dear XXXX XXXX This correspondence serves as an official request under Section 1681i of the Fair Credit Reporting Act ( FCRA ), Title 15, U.S. Code , and Section 2701 of the Electronic Communications Privacy Act ( ECPA ) regarding disputes related to credit inquiries made by XXXX on XXXX XXXX XXXX XXXX credit report. We would like to bring to your attention multiple hard and soft inquiries. The USC Code that relates to fraudulent inquiries is Title 15, Chapter 95, Subchapter VI, Section, Section 1681s ( c ) of the Fair Credit Reporting Act, which states that a consumer reporting agency shall not furnish information about to any person if the consumer 's file contains any statement that such person has not furnished the information to the consumer 's knowledge and consent. Additionally, the UCC prohibits any person from knowingly and willfully obtaining or using false or misleading information for any fraudulent purpose. So, in summary, we request you to investigate any suspected fraudulent inquiries made on XXXX XXXX XXXX credit report and take appropriate action against the parties responsible. Also, ensure that all inaccurate and fraudulent information is removed from his credit report and that appropriate steps are taken to prevent such occurrences in the future. Thank you for your prompt attention to this matter. List of hard & Soft inquiries that needs to be removed : 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX PRIVACY LAW OF 1974 STATES The Privacy Act of 1974, as amended, 5 U.S.C. 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. Sincerely, XXXX XXXX
Company Response:
State: DC
Zip: 20018
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: LexisNexis is furnishing an alleged bankruptcy without my permission. My name is my copyrighted intellectual property and using it without my permission is against federal law. LexisNexis is also violating privacy laws by furnishing my information for profit. As a federally protected consumer I have the right to privacy. I did not ask for validation but proof that I consented to my information being shared. LexisNexis is required to furnish proof that I contracted with them to sell my personal information for profit. LexisNexis has provided no such documents. ( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of XXXX and XXXX XXXX XXXX verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and XXXX XXXX XXXX subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of XXXX and XXXX XXXX or the Inspector General of the Department XXXX XXXX and XXXX XXXX with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding XXXX, XXXX, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding XXXX, XXXX, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost. ( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. ( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. ( a ) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A ( a ), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter ( other than section 506 ), any reference to copyright shall be deemed to include the rights conferred by section 106A ( a ). As used in this subsection, the term anyone includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity. ( b ) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. The court may require such owner to serve written notice of the action with a copy of the complaint upon any person shown, by the records of the Copyright Office or otherwise, to have or claim an interest in the copyright, and shall require that such notice be served upon any person whose interest is likely to be affected by a decision in the case. The court may require the joinder, and shall permit the intervention, of any person having or claiming an interest in the copyright. ( c ) For any secondary transmission by a cable system that embodies a performance or a display of a work which is actionable as an act of infringement under subsection ( c ) of section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection ( b ) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that television station. ( d ) For any secondary transmission by a cable system that is actionable as an act of infringement pursuant to section 111 ( c ) ( 3 ), the following shall also have standing to sue : ( i ) the primary transmitter whose transmission has been altered by the cable system ; and ( ii ) any broadcast station within whose local service area the secondary transmission occurs. ( e ) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 119 ( a ) ( 3 ), a network station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection ( b ) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local service area of that station. ( f ) ( 1 ) With respect to any secondary transmission that is made by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 122, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection ( b ) of this section, be treated as a legal or beneficial owner if such secondary transmission occurs within the local market of that station. ( 2 ) A television broadcast station may file a civil action against any satellite carrier that has refused to carry television broadcast signals, as required under section 122 ( a ) ( 2 ), to enforce that television broadcast stations rights under section 338 ( a ) of the Communications Act of 1934.
Company Response:
State: TX
Zip: 77084
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Dear Consumer Financial Protection Bureau, I am writing to submit a formal dispute regarding inaccurate address information on my XXXX consumer file, as allowed under the Fair Credit Reporting Act ( FCRA ). After reviewing my credit report, I have identified several inaccuracies in the address, phone, and email details, which are adversely affecting my ability to ensure the correct and timely delivery of important correspondence. I have attached my original letter as well as the XXXX drafted today.
Company Response:
State: NV
Zip: 89139
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I am writing to inform you that, based on my review of my credit reports and communication with your agency, it has come to my attention that there have been multiple violations of federal laws, specifically 15 U.S. Code 1681 and 15 U.S. Code 1692. 15 u.s. code 1681 ( No Damage Defamation of charter ) ( a ) Accuracy and fairness of credit reporting The XXXX makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter 15 u.s. code 1692g ( a ) Notice of debt ; contents Within XXXX days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within XXXX days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the XXXXday period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the XXXX period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the XXXXday period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. Addresses : 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 According to the Fair Credit Reporting Act ( 15 U.S. Code 1681 ), consumers have the right to accurate and fair credit reporting. It has come to my attention that your agency has committed violations in this regard, which have caused harm to my creditworthiness and financial standing. Additionally, the Fair Debt Collection Practices Act ( 15 U.S. Code 1692 ) outlines the permissible and prohibited practices for debt XXXX. It appears that your agency has violated these provisions during its attempts to collect a debt from me. I hereby notify you of XXXX distinct violations, each of which is subject to a penalty of XXXX as outlined in the relevant statutes. The total amount owed for these violations is XXXX Please be advised that failure to address and rectify these violations within XXXX Days from the date of this letter may result in further legal action. I expect your prompt attention to this matter to avoid any escalation of the situation. Enclosed with this letter are copies of the relevant documentation supporting my claims. I urge you to conduct a thorough investigation into these matters and provide a written response within the specified timeframe. Your immediate attention to this matter is appreciated. If you have any questions or require additional information, please contact me via email XXXX.
Company Response:
State: TN
Zip: 37207
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: LexisNexis continues to furnish an alleged bankruptcy onto my consumer report. I want to know who gave LexisNexis information specifically about this bankruptcy and I want to see where I gave LexisNexis permission and authority to release such information about me. To be clear I want verification of this alleged bankruptcy. Send me the contract or paperwork bearing my signature. If no such documents exist I demand LexisNexis stop furnishing my private information to third parties as a federally protected consumer and private citizen I have a right to privacy. LexisNexis is monetizing my data for profits therefore their investigations into this matter is biased which is why this is my 3rd complaint about furnishing my information. You are trespassing on copyrighted property. {$10000.00} penalty. ( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost. ( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. ( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. ( h ) Rights of Legal Guardians. For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( 1 ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.
Company Response:
State: TX
Zip: 77084
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Attached is a complaint with the XXXX XXXX XXXX illustrating the company " XXXX XXXX XXXX '' aka XXXX XXXX ( XXXX ) admitting to several counts of fraud including illegally using my information to open a credit account and sending my personal information to third party affiliates. This complaint is being filed in a string of complaints to " XXXX '' and " XXXX '' for inadequate investigating processes which have concluded this fraud account as " VERIFIED ''. All parties are in violation of : 15 U.S. Code 1681b ( a ) ( 2 ) CRAs need written instruction to make a consumer report by the consumer. Without written instruction this consumer reporting agency has committed fraud by using my identifying information without any lawful authority to furnish this information on my consumer report. Per this law XXXX has committed identity theft and it is a violation of 15 U.S. Code 1681b ( a ) ( 2, based on this violation all accounts listed below must be DELETED.
Company Response:
State: FL
Zip: 33431
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I, XXXX XXXX am a natural born live and breathing human being, Pursuant to 15 USC 1681 section 602 states I have the right to privacy. This is an invasion of privacy as well! In accordance with the Fair Credit Reporting Act this creditor has violated my rights. 15 USC 1681 ( section 604 a section 2 ( it also states a consumer reporting agency can not furnish an account without my written instructions under 15 USC 1666b a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. XXXX, XXXX, XXXX, LEXUS NEXIS, XXXX is reporting accounts on my consumer report, WITH OUT MY WRITTEN INSTRUCTION! IF YOU HAVE MY WRITTEN INSTRUCTION PLEASE PRESENT IT TO ME! ALONG WITH EVERYTHING ELSE IN YOUR FILES TO VALIDATE THESE ACCOUNTS ( listed below ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX you have 30 days to provide me with this information! In the meantime your neglected actions constitutes as FRAUD, and these accounts must be corrected within 3-4 days. UNTIL YOU CAN FURNISH THE PROOF THAT I AM ASKING FOR SHOWING YOU ARE NOT IN VIOLATION OF MY RIGHTS. THIS IS NOT A MISTAKE, I WILL FILE A LAWSUIT FOR YOUR NEGLIGENCE OF THE LAW.
Company Response:
State: VA
Zip: 20176
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A