Consumer complaint received 2023-12-22
Company: ALLY FINANCIAL INC.
State: SD
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:
I am writing to express my concern and dissatisfaction with how XXXX, XXXX, and XXXX as consumer reporting agencies, have handled my private information. As a federally protected consumer, I believe that my rights under the Fair Credit Reporting Act ( 15 USC 1681 ) and the Right to Financial Privacy Act ( 15 USC 6801 ) have been infringed upon.

Under 15 USC 1681 section 602 ( a ), it is mandated that consumer reporting agencies conduct their responsibilities with fairness, impartiality, and a profound respect for the consumer 's right to privacy. Additionally, 15 USC 6801 establishes the explicit policy that financial institutions, including furnishers of information to credit agencies, have an ongoing obligation to uphold customer privacy. The companies listed in my FTC report have violated there terms and conditions under the privacy act of 1974.

I would like to bring to your attention that, according to 15 USC 1681 section 604 ( a ) ( 2 ), consumer reporting agencies are only permitted to furnish a consumer report in accordance with the written instructions of the concerned consumer. Regrettably, I have not provided written consent for the disclosure of my information to XXXX, XXXX, XXXX, or the furnisher of information to credit agencies. 

Furthermore, I am exercising my right to opt-out of the reporting services, as outlined in 12 CFR 1016.7, which states that a consumer may exercise this right at any time. Despite this, I have not been informed of my ability to exercise the nondisclosure option, as required by 15 USC 6802 ( b ) ( c ). 

It has come to my attention after reviewing my most recent consumer file that XXXX, XXXX, and XXXX are reporting adverse information without my consent, which is a direct violation of 15 USC 1681C ( a ) ( 5 ). This action is also contrary to the provisions of 15 U.S. Code 1681s2 ( a ) ( 1 ), which prohibits the furnishing of inaccurate information to consumer reporting agencies.

Moreover, 15 U.S. Code 1681e emphasizes the necessity for consumer reporting agencies to maintain reasonable procedures to avoid violations of the sections above. In this regard, XXXX, XXXX, and XXXX have failed to uphold such reasonable procedures. 

I demand that my privacy rights are respected and upheld in accordance with federal laws and the accounts listed be removed from my consumer file as I did not authorize any of the companies to furnish my information Additionally, I am revoking any and all consent, whether verbal, non-verbal, written, implied, or otherwise, for the disclosure of my information to XXXX, XXXX, XXXX, and all the financial institutions reporting my private information to the credit agencies. 
I appreciate your attention and expect a prompt and comprehensive resolution.

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