Date Received: 2024-02-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX appears to be in violation of several congressional laws in connection with the account number XXXX ( a charged off credit card account ). According to 15 U.S. Code 1681a ( 2 ) ( a ) ( i ), the consumer report should not include information solely pertaining to transactions or experiences, such as payment history or charge-off status, between the consumer ( myself ) and the reporting entity ( XXXX ) . Furthermore, 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ) stipulates that a person ( XXXX ) must not furnish any information to a consumer reporting agency if there is knowledge or reasonable cause to believe that the information is inaccurate. It is imperative to note that XXXX can not collect on a discharged debt, as it is now considered a certificate of indebtedness according to the IRS. The IRS explicitly defines a charge-off as gross or ordinary income, which is not reported on consumer reports. This renders the reporting of the account inaccurate. Despite this, I have not received a 1099-C from XXXX for the canceled debt of { {$1500.00} }, which should have been provided for filing as ordinary income as required by the IRS for debts exceeding { {$600.00} }. The discrepancy in reporting and failure to issue the necessary tax documentation is unsatisfactory. I have provided screenshots from the IRS website. XXXX is hereby put on notice for furnishing incorrect and inaccurate information. As outlined in their terms and conditions, XXXX agreed not to share my information with non-affiliates. XXXX, XXXX, and Transunion are not affiliates of XXXX, nor are they considered " bureaus '' in accordance with federal law. The only authorized credit bureau is the CFPB, which, as stated in federal law, does not furnish consumer reports. In accordance with the Privacy Act of 1974, as a federally protected consumer, I am revoking any and all authorizations provided to XXXX, whether written, non-written, verbal, or non-verbal, pursuant to 5 U.S. Code 552a. Additionally, under the FCRA, as a federally protected consumer, I am opting out of any and all authorizations granted to XXXX, encompassing written, non-written, verbal, and non-verbal agreements, as per 15 USC 6802 on account number XXXX. XXXXXXXX XXXX responsibility, as per 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ), is outlined in the duty of furnishers to provide accurate information. This includes refraining from reporting information to any consumer reporting agency after receiving notice and confirmation of errors. I have previously notified XXXX of inaccuracies, and it is imperative that they adhere to the stipulations outlined in the relevant federal law. Here are some of the laws stated along with supporting laws and definitions 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; 15 U.S. Code 6809 - Definitions ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution. ( 5 ) Nonaffiliated third party The term nonaffiliated third party means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 16 CFR 313.1 - Purpose and scope. 313.1 Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. 313.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship 15 U.S. Code 6803 - Disclosure of institution privacy policy ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. **it appears to me that even after I the consumer have ceased being a costumer of this institution, they still do not have the right to violate my right to privacy** 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: RI
Zip: 02908
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I never authorized or set up these accounts, and I believe they might be acts of fraud. Please conduct a comprehensive investigation into these accounts and take the necessary steps to remove them from my credit report. It's essential for maintaining the correctness of my financial records.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 76227
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Problem with a company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have already sent a letter addressing the inaccuracies and unknown items on my credit report, but unfortunately, I have not received any response even after XXXX XXXX. It feels like I'm being taken advantage of and my disputes are being ignored. According to Section XXXX ( a ), if these items are not investigated within XXXX XXXX, they should be promptly removed from my credit report. Since it has been over XXXX XXXX, I expect these accounts to be updated immediately. If not, I will have no choice but to pursue legal action due to the stress this situation has caused me. Additionally, my information was also affected by the XXXX, XXXX, and Transunion data breach, which raises concerns about the security of my personal data.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30316
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I recently checked my credit report and saw accounts reporting that I do not recognize.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 21702
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Problem with a company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have already sent a letter addressing the inaccuracies and unknown items on my credit report, but unfortunately, I have not received any response even after XXXX days. It feels like I'm being taken advantage of and my disputes are being ignored. According to Section 611 ( a ), if these items are not investigated within XXXX days, they should be promptly removed from my credit report. Since it has been over XXXX days, I expect these accounts to be updated immediately. If not, I will have no choice but to pursue legal action due to the stress this situation has caused me. Additionally, my information was also affected by the XXXX, XXXX, and Transunion data breach, which raises concerns about the security of my personal data.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30045
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33578
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I received a copy of my credit report with the intention of trying to improve my credit and take care of my responsibilities and noticed one account that i wanted a little more explanation ; this account ( XXXX XXXX XXXX ) is SPECIFICALLY reporting INACCURATE. I have been sending in numerous letters for the past few months and I have not gained any recognition on my dispute!!! On each credit bureau the information is reporting un-accordingly on Numerous details and TransUnion, XXXX, and XXXX refuse to hold this creditor accountable!! the Fair Credit Reporting Act where it said by law, I had rights to challenge anything I am not sure is accurate. Each credit bureau is VIOLATING my rights and this law! 15 U.S.C. Sec. 1681i ( a ) States that if you can't provide proof, these accounts must be deleted. Well I want this account deleted lf they are not XXXX percent correct on all XXXX bureaus So, could you please check on this account and get back with me? I met with the state board where a lawyer says you have 30 days to complete this investigation. Please investigate the following account and remove them if anything is missing or not correct on them. Type of Account : Charge-Off Action Requested : You Have disobeyed the FCRA laws PLEASE investigate if every piece of information is correct. If not, please remove it from my credit report. Also, please let mo know who had access to my fle. I want the investigation outcome to be sent to my address! put on the Headline. Please provide proof that its reporting correctly from the CourtHouse and not a third party and delete if anything is incorrect. Thank you for your time and help in this matter.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30236
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: As I understand it, under FCRA 605B, wrongly reported accounts should be taken off credit reports. I'm not sure what went wrong, but please check the accounts in the documents. They are inaccurately reported on my credit, causing distress. I need your help.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 60517
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting Act, the list of accounts below have violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Trans Union XXXX XXXX Account names : - XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX -Child Support Enforcement XXXX XXXX XXXXAZ DES Child Support : XXXX XXXXXXXX XXXX Child Support Enforcement and AZ DES Child Support was " NOT DERIVED FROM CREDIT TRANSACTIONS. XXXX XXXX XXXX 15 USC 1681 section 602 A states that I have the right to privacy. -15 USC 1681 section 604 A section 2. It also states a consumer reporting agency can not furnish an account without my my written instructions. -15 USC 1681 C ( A ) ( 5 ) Section states : no consumer reporting agency may make a consumer report containing any of the following items of information, other then records of convictions of crimes which antedates the report by more then seven years. - 15 USC 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has any reasonable cause to believe that the information is inaccurate. ***** Child Support Enforcement and AZ DES Child Support was " NOT DERIVED FROM CREDIT TRANSACTIONS and is past the 7 year mark on both accounts XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85296
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-02-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act XXXX Account XXXX, has violated my rights 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S. C. 1681 section 604 A I t also states a consumer reporting agency can not furnish an account without my written instructions..
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 28027
Submitted Via: Web
Date Sent: 2024-02-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A