Consumer complaint received 2024-01-05
Company: FAIR COLLECTIONS & OUTSOURCING, INC.
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
As a consumer, I assert that Fair Collections and Out ; Fair Collections and Outsourcing has consistently violated my right to privacy, as protected by the Privacy Act of 1974. Fair Collections and Out ; Fair Collections and Outsourcing, through its various iterations, has reported negative information on my credit report without my authorization, contravening the Fair Credit Reporting Act ( FCRA ), as explicitly outlined in 15 USC 1681 section 602a. This section of the FCRA emphasizes the imperative for consumer reporting agencies to discharge their responsibilities with fairness, impartiality, and due regard for consumer privacy, stating, " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. '' Pursuant to 15 USC 6801, I, as the consumer, retain the right to ensure that my private information is not disseminated without explicit consent. Fair Collections and Out ; Fair Collections and Outsourcing, recognized as a financial institution under the same title, is subject to 15 USC 1681 section 604a section 2, which explicitly states, " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' In this specific case, neither Fair Collections and Out ; Fair Collections and Outsourcing nor XXXX, a consumer reporting agency, possesses my written consent to furnish this information, rendering their actions unlawful. 

I hereby unequivocally revoke any and all consent previously granted to XXXX and Fair Collections and Out ; Fair Collections and Outsourcing, whether such consent was verbal, nonverbal, written, implied, or otherwise. Additionally, it is noteworthy that Fair Collections and Out ; Fair Collections and Outsourcing and XXXX neglected to apprise me of my right to exercise the nondisclosure option, exacerbating their non-compliance with relevant laws. 

Furthermore, the inclusion of this adverse item in my credit report by Fair Collections and Outsourcing runs afoul of 15 USC 1681C ( a ) ( 5 ), which explicitly states, " Except as authorized under subsection ( b ), 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. '' XXXX, as a consumer reporting agency, is duty-bound to uphold reasonable procedures designed to avoid such violations, as mandated by the requirements delineated in 15 USC 1681b . Additionally, 12 CFR 1016.7 further underscores a consumer 's right to opt out at any time from reporting services. 

Their failure to adhere to these standards indicates a breach of their obligations. In light of these documented violations, I have formally lodged a complaint with the Florida State Attorney General 's office against Fair Collections and Out ; Fair Collections and Outsourcing for the violation of the Florida Consumer Collection Practices Act. Legal redress is imperative to address Fair Collections and Out ; Fair Collections and Outsourcing 's unfair and deceptive practices, particularly the misrepresentation as an attorney 's office on my credit report. These actions not only infringe upon my rights but also necessitate the protection of the rights of numerous other consumers similarly affected.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation