Consumer complaint received 2023-12-18
Company: ALLY FINANCIAL INC.
State: IL
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:
According to the Fair Credit Reporting Act 15 U.S. Code 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 U.S. Code 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 U.S. Code 1681 section 604 ( a ) section 2 states that 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 U.S. Code 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 U.S. Code1681C ( 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 seven years. '' 15 U.S. Code 1681s-2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 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, XXXX, and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Also, it has come to my attention that late payments and credit utilization data have been included in my credit report, despite falling under the exclusions of transactions and experiences as defined by the law. I am invoking my rights under the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S. Code1681 ( a ) ( 2 ), which requires consumer reporting agencies to provide accurate and fair credit reporting. Additionally, 15 U.S. Code 6801 and 6802 ( b ) ( 2 ) explicitly state that nonpublic personal information, including transaction and experience data, should not be disclosed without proper authorization. By including late payments and credit utilization data in my credit report, your agency is in direct violation of these federal laws. As a result, this inaccurate and misleading reporting is adversely affecting my creditworthiness and financial standing. Moreover, these violations raise serious concerns about these agencies blatant misuse of my personal information and other fraudulent activities. Under 18 U.S. Code 1028 ( a ), such identity theft offenses are subject to criminal penalties, further emphasizing the gravity of this matter. 15 U.S. Code 1666b Timing of 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. I HEREBY REQUEST THAT YOUR COMPANY REMOVE ALL OR UPDATE THE FCRA VIOLATIONS LISTED BELOW BE REMOVED IMMEDIATELY 1. ALL LATE PAYMENTS SHOULD BE UPDATED TOO POSITIVE 15 U.S. Code 1666. 2. UTILIZATION OF THE ACC SHALL NOT BE FURNISHED 15 U.S. Code 1681b - Permissible purposes of consumer reports. 3. INQUIRIES LISTED BE REMOVED.

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