Product: Credit reporting or other personal consumer reports

I am writing to formally file a complaint against Acima Leasing for multiple violations of my consumer rights under the Gramm-Leach-Bliley Act ( GLBA ) ( 15 U.S.C. 68016809 ), as well as its implementing regulation, Regulation P ( 12 CFR Part 1016 ). Based on my interactions with Acima Leasing, it appears that your company has failed to comply with crucial privacy protections required under the GLBA.

Acima Leasings Status as a Financial Institution : The GLBA defines a " financial institution '' as any entity that engages in financial activities, including providing credit, financing, or leasing services to consumers. Acima Leasing falls within this category as it regularly engages in leasing personal property and providing consumer credit services, which involve the collection and sharing of nonpublic personal information ( NPI ).

According to 15 U.S.C. 6809 ( 3 ) ( A ), financial institutions are subject to strict privacy requirements. Acima Leasing, through its business model, qualifies as a financial institution and is therefore required to adhere to the privacy provisions outlined under the GLBA.

Specific Violations of the GLBA and Regulation P : Failure to Provide a Clear Opt-Out Mechanism : According to 15 U.S.C. 6802 ( b ) and 12 CFR 1016.6 ( a ), financial institutions must provide consumers with a clear and conspicuous notice that details their right to opt out of the sharing of nonpublic personal information with nonaffiliated third parties. Acima Leasing has not provided me with such a notice either at the start of our business relationship or in any subsequent communications. I have reviewed all correspondence from Acima Leasing, including email and account statements, and there has been no clear explanation of how I could opt out of the sharing of my NPI with nonaffiliated third parties. This lack of a clear opt-out mechanism constitutes a violation of 12 CFR 1016.9 ( a ), which requires institutions to communicate privacy rights in a manner that is understandable and readily accessible.

Unreasonable Opt-Out Procedures : Under 12 CFR 1016.7 ( g ), financial institutions must accept opt-out requests as soon as reasonably practicable. I sent a formal opt-out request in writing to Acima Leasing , exercising my rights under 15 U.S.C. 6802 ( b ), but my request was either ignored or denied without explanation. Additionally, when I contacted Acima Leasings customer service department to inquire about the status of my request, I was told that Acima Leasing does not offer any opt-out procedure for sharing information with third parties, which contradicts GLBA 's legal requirements. This unreasonable opt-out process is a direct violation of 12 CFR 1016.7, which mandates a consumer-friendly, accessible, and reasonable procedure to opt out.

Failure to Honor My Opt-Out Request : Even after I formally exercised my right to opt out, Acima Leasing continued to share my nonpublic personal information with third parties. This is a violation of 12 CFR 1016.10 ( a ), which clearly states that financial institutions must stop disclosing consumer information as soon as the opt-out request is received and processed. By continuing to share my information, Acima Leasing has demonstrated a blatant disregard for my consumer rights under the GLBA.

Failure to Provide an Initial and Annual Privacy Notice : Under 12 CFR 1016.4 and 12 CFR 1016.5, Acima Leasing is required to provide an initial privacy notice at the outset of the customer relationship, as well as an annual privacy notice thereafter. To date, I have not received either the initial privacy notice or any annual notice explaining how my information is being collected, used, or shared. This is a clear violation of both 12 CFR 1016.4 and 12 CFR 1016.5. Without these required notices, I am unable to make an informed decision regarding my privacy rights and how Acima Leasing is handling my personal data.

Sharing of Nonpublic Personal Information Without Consent : The GLBA and 15 U.S.C. 6802 strictly limit the circumstances under which financial institutions can disclose nonpublic personal information to nonaffiliated third parties without explicit consumer consent. Upon reviewing my account history and communications with Acima Leasing, it has come to my attention that my personal information has been shared with several third parties, including consumer reporting agencies, without my express written consent. I have not been given any opportunity to consent to or refuse these disclosures, which is a clear violation of the privacy protections afforded by the GLBA.

Pretexting Violations : Under 15 U.S.C. 6821 and 12 CFR 1016.12, financial institutions are prohibited from obtaining or disclosing consumer information through pretexting ( i.e., false pretenses ). While I have no concrete evidence of pretexting in my case, Acima Leasings failure to be transparent about the handling of my personal data raises concerns about whether any third parties may have gained access to my information under false pretenses, especially since I have not been given proper privacy disclosures.