Consumer complaint received 2024-02-05
Company: Ability Recovery Services, LLC
State: AR
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:
As a consumer protected under the Fair Credit Reporting Act ( FCRA ) as per 15 USC 1681, it is imperative to highlight certain violations that warrant immediate attention. The FCRA, in 15 USC 1681 section 602 ( a ), emphasizes the necessity for consumer reporting agencies like XXXX and XXXX to exercise their responsibilities with fairness, impartiality, and a profound respect for the consumer 's right to privacy. 

I, as the consumer, assert my right to ensure the non-disclosure of my private information, supported by 15 USC 6801, which stipulates the Congress 's policy for financial institutions, including ( Furnisher of information to credit agencies ), to uphold an affirmative and continuing obligation to respect customer privacy and protect the security of nonpublic personal information. 

Referring to 15 USC 1681 section 604 ( a ) ( 2 ), it is explicit that any consumer reporting agency may furnish a consumer report solely in accordance with the written instructions of the consumer. XXXX, XXXX, and ( Furnisher of information to credit agencies ) do not possess my consent, whether verbal, non-verbal, written, implied, or otherwise, to furnish this information, and all such consent is hereby revoked. 

In accordance with 15 USC 6802 ( b ) ( c ), a financial institution is prohibited from disclosing nonpublic personal information to a nonaffiliated third party unless the consumer is informed of their right to exercise a nondisclosure option. Unfortunately, ( Furnisher of information to credit agencies ) has failed to provide an explanation of how I can exercise my nondisclosure option.

Moreover, 15 USC 1681C ( a ) ( 5 ) strictly prohibits consumer reporting agencies from making any consumer report containing adverse items of information without explicit authorization. This account, reported as an adverse item without my permission, is in direct violation of this provision.

Under 15 U.S. Code 1681s2 ( A ) ( 1 ), it is mandated that a person shall not furnish any information relating to a consumer to any consumer reporting agency if they know or have reasonable cause to believe that the information is inaccurate. Regrettably, XXXX and XXXX are not upholding this requirement. 

Additionally, 15 U.S. Code 1681e necessitates that every consumer reporting agency maintain reasonable procedures to avoid violations of section 1681c and to limit the furnishing of consumer reports to the purposes listed under section 1681b. XXXX and XXXX are currently failing to adhere to these standards. 

In compliance with 12 CFR 1016.7, I hereby exercise my right to opt out of your reporting services. Furthermore, I insist that XXXX ACCOUNT NUMBER : XXXX, XXXX XXXX ACCOUNT NUMBER : XXXX, XXXX ACCOUNT NUMBER : XXXX, and XXXX ACCOUNT NUMBER : XXXX be promptly deleted from my credit report, as they are deemed fraudulent under 15 U.S. Code 1681c. I intend to pursue litigation seeking {$1000.00} per violation of the FCRA.

These concerns require immediate rectification and acknowledgment to prevent further legal actions.

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