Consumer complaint received 2023-12-02
Company: Bridgecrest Acceptance Corporation
State: SC
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:
Bridgecrest is not responding to investigation in accordance with the reason I am issuing complaint. I am not disputing any inaccuracies or any account information but specifically that Bridgecrest is not in compliance with the FCRA 15 USC CODE 1681a ( 2 ) ( I ) FCRA 15 USC 6802 and The GRAMM-LEACH-BLILEY ACT under the FTC. Bridgecrest has knowingly and willfully reported experiences and transactions associated with my account such as payment history, account length, total balances, late payments, and account numbers thats excluded from a consumers report. 15 U.S. Code 1681a - Definitions ; rules of construction ( 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 ; I am the consumer and Bridgecrest is the reporting person who is furnishing the information from my account. This act is clearly a violation of federal law. Under the FTC the GRAMM-LEACH-BLILEY ACT requires financial institutions companies that offer consumers financial products or services like loans, financial or investment advice, or insurance to explain their information-sharing practices to their customers and to safeguard sensitive data. Title V, subtitle A, of this Act ( 15 U.S.C. 6801 et seq. ) requires the FTC, along with the Federal banking agencies and other regulators, to issue regulations ensuring that financial institutions protect the privacy of consumers ' personal financial information. Such institutions must develop and give notice of their privacy policies to their own customers at least annually ( except where exempted under section 75001 of the Fixing America 's Surface Transportation Act ( FAST Act ), Pub. L. No. 11494, 129 Stat. 1787, codified at 15 U.S.C. 6803 ( f ) ), and before disclosing any consumer 's personal financial information to an unaffiliated third party, and must give notice and an opportunity for that consumer to " opt out '' from such disclosure. Under the Dodd-Frank Act, this rulemaking authority transferred to the Bureau of Consumer Financial Protection ( except with respect to certain motor vehicle dealers ), but the FTC continues to have enforcement authority. Subtitle A also requires the FTC and other agencies to issue regulations for the safeguarding of personal financial information ; this authority did not transfer. The Act also limits the sharing of account number information for marketing purposes. Bridgecrest is knowingly and Willfully refusing to acknowledge the fact they did not explain their information sharing practices given me the option to opt out of their non disclosure policy before signing of any agreement. Bridgecrest Knowingly and Willingly did not protect the privacy of the consumer ( me ) personal financial information. Bridgecrest knowingly and Willingly withheld pertinent information regarding the FCRA 15 USC 6802 and the GRAMM-LEACH-BLILIEY ACT from their consumers intentionally reporting information to nonafiliated third parties. The law states : 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 ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; 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 ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Attorneys fees On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. Bridgecrest refusal to comply with the law has cause me to be denied another automobile, denied credit, denied mortgage loan and has caused emotional distress. I am not asking for payment history, contracts, or validation of my account but to have my nonpublic personal financial information deleted from non affiliated third parties XXXX, XXXX and XXXX.

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