Consumer complaint received 2023-07-10
Company: Genesis FS Card Services, Inc.
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I previously called Genesis card services on XX/XX/XXXX after I was sent my annual renew letter in the mail pertaining to two accounts I currently have with them. One is a XXXX  Card ending in xxxx and another is Indigo Card ending in xxxx. These accounts are in accurately being reported on my consumer report. I continued to explain to them that I received their letter pertaining to my annual renew notice. But I went on to explain to them that I didnt receive my privacy notice disclosures ; which under the FCRA is a required disclosure which shouldve be given to me the consumer at the beginning of our contractual relationship. The agent of Genesis went on to tell me that it isnt their policy to issue privacy notices to customers. After being on the phone with the agent for some minutes ; I then referred the agent that under the FCRA pursuant 15 USC 6803 ( a ) Disclosure of institution privacy policy ; specifically under ( a ) Disclosures required : At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to. 
So if this is a requirement under the FCRA how is it not apart of there policy to issue a privacy notice. If it is required that this notice be issued at the time of our relationship being established. And as for pursuant 15 USC 6802 ( a ) ( b ) with respect to disclosures of personal information. ( a ) Notice requirement Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

b ) Opt out ; In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless A. such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; B. the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and C. the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
So if there company is reporting this information correctly on my consumer report, how is this accurate if in order for them to do so I must first be given these disclosures but how is it accurate if they say they dont issue privacy policies or the option to opt out of your my non public personal information from being shared with no affiliates and third parties. And also provided under the Gram Leach Bailey Act which was implemented in 1999 to ensure the privacy and security of consumers non public personal information. Which also under this act requires all institutions to include Privacy Notices which are clear and conspicuously explaining how these institutions collect and share and protect consumers personal information. Opt Out Rights financial institutions must give consumers the opportunity to opt out of having their information shared with third parties such as affiliates and non affiliates. And also the third and final disclosure is a Annual Privacy Notice financial institutions must send their consumers a annual privacy policy that explains there privacy practices and any changes thea have been made since the last notice. And this notice should also include instructions on how to opt out of information sharing. 
So again where is my privacy notices and how is this account being reported if I never received this disclosures before sharing my no public personal information and how is this an accurate reporting if under the FCRA im to be given these disclosures before they can report my information. And under The GLBA how can this account be reported 100 % accurately if I was never even issued any disclosures before this company shared my non public personal information nor did they send me any annual privacy notice as I will attach the annual renew documents they sent me for proof.

Company response to consumer: Closed with explanation