Consumer complaint received 2023-02-10
Company: NAVY FEDERAL CREDIT UNION
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
15 USC 1681 b ( a ) ( 2 ) states any consumer reporting agency may furnish a consumer report under the following circumstances : ( 2 ) in accordance with the written instructions of the consumer to whom it relates. The following agencies are reporting and recording nonpublic information including reports containing transactions history and experiences between myself and financial institutions making the reports, adverse action not pertaining to a conviction of a crime, on my consumer file without my permission or consent : XXXX, XXXX, XXXX. These actions are a direct violation of 15 USC 1681b permissible purpose and 15 USC 1681c information contained in consumer report, 15 USC 1681e compliance procedures has also been violated that no consumer reporting agency may furnish a consumer credit report to any person if it has reasonable grounds for believing the consumer credit report will not be used for purposes listed in 1681b. The action above, taken by the consumer reporting agencies are also violating the Privacy Act of 1974 and the Fair Credit Reporting Act. Title 5 USC 552a ( 4 ) defines what a record is, vividly describing a consumer credit report and 5 USC 552a ( b ) sates the conditions of disclosures pertaining to those records that no agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. This law ( 552a ( b ) ) is in correlation with 15 USC 1681b ( a ) ( 2 ) which again is being violated. The financial institutions and credit reporting agencies XXXX, XXXX and XXXX did not and do have my consent to furnish, report or record this information and most certainly do not have my written consent. Any and all consent whether implied, assumed, verbal, nonverbal or any of the like is revoked and all unauthorized reported or recorded nonpublic personal information shall be removed immediately.

12 CFR 1016.1 purpose and scope governs the treatment of nonpublic and personal information about consumer by the financial institution. ( 1 ) requires a financial institution to provide notice to customers about its privacy polies and practices. ( 3 ) states financial institutions must provide a method for consumers to prevent disclosing information to nonaffiliated third parties. This opt out method must be clear and conspicuous and must accurately reflect privacy policies to the customer/consumer before any disclosing of nonpublic personal information about the consumer to any nonaffiliated third party in accordance with 12 CFR 1016.1 ( 1 ) ( 3 ), 12 CFR 1016.4 ( a ) ( 1 ) ( 2 ). 12 CFR 1016.7 states the form of opt out notice to the consumer must be clear and conspicuous and accurately explains the right the consumer has to opt out and which reasonable means the consumer can do so. I, the consumer does not recall receiving from Navy Federal Credit Union XXXX XXXX XXXX. XXXX, XXXX Bank a clear and conspicuous notice of my rights which accurately explains my rights and a reasonable means to exercise them. These actions are direct violations of the laws stated above. Lastly, 12 CFR 1016.7 states a consumer may exercise the right to opt out at any time. I the consumer, am opting out any and all your reporting services permanently.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation