Consumer complaint received 2023-11-17
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: AR
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I got a response from the CFPB from XXXX XXXX XXXX XXXX on XX/XX/2023. 
XXXX XXXX XXXX XXXX quoted The information furnished to the credit reporting agencies is allowed per the Privacy disclosure and terms of service provided during the application process. The privacy policy and terms can be viewed online at XXXX XXXX XXXX. XXXX XXXX , XXXX is not a consumer reporting agency per the definition provided in the Fair Credit Reporting Act. XXXX is a data furnisher as we provide account information to the credit reporting agencies. As a data furnisher, XXXX reports account information to the credit reporting agencies which does not require written consent from the account holder. Consumers do not have the option to opt out of credit reporting as credit reporting agencies are excluded from the definition of a non-affiliated third party. Credit card and Credit Builder Accounts can be reported as late if payments are not received and the account goes 30+ days past due. XXXX XXXX , XXXX does not report solely to transactions and experiences between consumers and the data furnisher. XXXX XXXX XXXX XXXX has stated that they dont need my written consent to furnish this alleged account on my consumer report. 15 USC 1681b2 permissible purpose THE FCRA clearly states that my written instructions needs to be on file before the consumer reporting agencies furnish a consumer report. 15 usc 1681e - Compliance procedures b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. What law states that your corporation is able to report transactions on a consumer report? 15 U.S. Code 1681a - Definitions ; rules of construction ( d ) Consumer Report.

( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; The only time XXXX XXXX XXXX XXXX can treat a payment as late fall under the law 15 U.S. Code 1666b - Timing of payments a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 2nd attempt Im requesting 15 usc 1666b and the certified tracking number that you either mail delivered or emailed this information to me for I have on recorded line your agent saying that your corporation doesnt have this information on file 15 usc 1666b along with the requirements of 15usc 1637b so Im requesting that information failure to comply will on your corporation liable for my actual damages for 15 usc 1681s-2 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. I have already put your corporation on notice for if you dont have this information Im requesting that mean the information is inaccurate and unverifiable and by law this should not be reporting on my consumer report B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 
Your company as a data furnisher shall not furnish information if you been notified that specific information is inaccurate and the information is in fact inaccurate for their is no law that says you can report transactions on my consumer report without comply with 15 usc 1666b with 15 usc 1637b Failure to comply with the FCRA 15 U.S. Code 1681n - Civil liability for willful noncompliance a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure ; and Let me say again I have your agent on recorded line saying yall dont have the information Im requesting which makes your corporation negligence with the my information and this is all exhibits. Im also requesting my disclosure pursuant 15 usc 6802 and I want it to be in compliance with 15 usc 6803 for you have disclosed my information my Nonpublic personal information so that lets me know you suppose to have all three of my disclosure on file so Im requesting those disclosures your corporations spoke in vain for consumer reporting agencies are in fact financial institutions 15 usc 1681 ( a ) ( f ) f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. I am requesting this information to see even if you have sufficient evidences to furnish this horrible information to my consumer report thank you

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 non-monetary relief