Consumer complaint received 2023-09-08
Company: Upstart Holdings, Inc.
State: AZ
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:
The Fair Credit Reporting Act USC 1681 Section 602 ( a ) states " There is a need to insure credit reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the consumer. Which under this act I have the right to make sure that my information remains private and isn't shared. But it seems that my rights are being violated due to the collections I see on my consumer report. Pursuant to 15 USC 1681b " Any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with written instructions of the consumer to whom it relates. I in fact DID NOT give consent to have anything added to my consumer report which is a direct violation of the Fair Credit Reporting Act. This is also considered identity theft according to 12 CFR 1022.3 subpart A ( h ) " Identity theft means fraud committed or attempted using the identifying information of another person without authority. " Again I gave no written consent at all for this action to take place which is against the law. XXXX and XXXX do not gave my consent to furnish this information and for certain do not have my written consent. All consent to XXXX and XXXX whether it is verbal, non-verbal, written, implied or otherwise is revoked. Also according to 15 USC 1681C ( a ) ( 5 ) 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 several years. '' These accounts are adverse items they are reporting as I said before without my permission which is against the law. 15 USC 1681e states " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' XXXX and XXXX are not maintaining the proper procedures. And, 12 CFR 1016.7 States that " A consumer may exercise the right to opt out at anytime. '' I am opting out of your reporting services. The following accounts are below : XXXX XXXX XXXX Date Assigned : XX/XX/XXXX Balance : {$850.00} Furnisher of information : XXXX XXXX XXXX Credit Date Opened : XX/XX/XXXX Balance : {$4400.00} Furnisher of information : XXXX XXXX XXXX XXXX Date Opened : XX/XX/XXXX Balance : {$900.00} ( XXXX ) and {$1000.00} ( XXXX ) Furnisher of information : XXXX XXXXXXXXXXXX  Upstart Network Inc XXXXate Opened XXXX XX/XX/XXXX Balance : {$0.00} Furnisher of information : Upstart Network Inc *PLEASE NOTE : LEGAL ACTION WILL BE TAKEN ON CONDITION THAT THE ABOVE CONSUMER REPORTING AGENCIES FAIL TO HONOR THE RIGHTS PROTECTING I THE CONSUMER*

Company response to consumer: Closed with explanation