Consumer complaint received 2023-06-29
Company: Continental Finance Company, LLC
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Subject : Complaint Regarding Inaccurate Personal Information on Credit Report Dear Sir/Madam, I am writing to file a formal complaint against XXXX XXXX XXXX XXXX, XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX Confidential Finance ( XXXX XXXX XXXX, XXXX, DE XXXX - ACCT : XXXX ) ( DNF XXXX ) and Verve ( XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, DE XXXX - ACCT : XXXX ) ( Paid - {$0.00} Balance ), as well as the unauthorized third party agency XXXX XXXX XXXX XXXX XXXX and other unknown third party agencies, regarding the inaccurate personal information that they have reported on my credit report. I believe that their negligent reporting has resulted in significant harm to my financial reputation and has hindered my ability to access credit on fair terms. 

Upon reviewing a copy of my credit report recently obtained from XXXX, XXXX, and XXXX, I was deeply disappointed to discover numerous errors and inaccuracies within the personal information section. These inaccuracies include incorrect addresses, outdated employment information, and erroneous account details. Naturally, I am deeply concerned about the potential impact these inaccuracies may have on my creditworthiness and overall financial standing. 

Moreover, according to 15 U.S.C. 1681c ( a ) ( 5 ), no consumer reporting agency is permitted to include any adverse item of information, except for records of convictions of crimes that antedate the report by more than seven years. The inclusion of such inaccurate information in their reporting clearly violates this provision. 

It is evident that XXXX, XXXX, and XXXX have failed to adhere to their obligation under the Fair Credit Reporting Act ( FCRA ) to provide accurate and up-to-date information. I have already brought these inaccuracies to the attention of XXXX, XXXX, and XXXX, but I have received no responses for 45 days or more, which is both concerning and unacceptable. 

XXXX ( Original Creditor : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX ) has continue to damage my credit score with XXXX, XXXX, and XXXX by refusing to remove a paid and closed account from my credit report, and has therefore caused me economic hardship. 

I have formally given XXXX verbal notice, that I will exercise the rights bestowed upon me as a federally protected consumer by the Fair Credit Reporting Act ( FCRA ). As outlined in 15 USC 6802, I am hereby opting out of any and all authorizations, whether conveyed through written or unwritten means, verbally or non-verbally.

In addition, according to 15 U.S. Code 1681s2 ( A ) ( 1 ), it is unlawful to furnish inaccurate information about a consumer to a consumer reporting agency if the person providing the information knows or has reasonable cause to believe it is inaccurate. Additionally, 15 U.S. Code 1681e mandates that consumer reporting agencies maintain reasonable procedures to avoid violations of section 1681c and to limit the furnishing of consumer reports to the purposes specified under section 1681b. XXXX, XXXX and XXXX have failed to uphold these reasonable procedures. 

Furthermore, In accordance with the Fair Credit Reporting Act ( 15 USC 1681 section 602a ), consumer reporting agencies such as XXXX, XXXX and XXXX are required to handle their responsibilities with fairness, impartiality, and respect for consumers ' right to privacy. As a consumer, I have the right to ensure the non-disclosure of my private information, as supported by 15 USC 6801, which states that financial institutions have an ongoing obligation to protect customer privacy and the security of their nonpublic personal information. 

Also, XXXX XXXX XXXX XXXXConfidential Finance - Address : XXXX XXXX XXXX XXXX, DE XXXX - ( XXXX ) XXXX unlawfully contribute to disseminating my private information without sufficient notices. 15 USC 6802 ( b ) ( c ) specifies that a financial institution, can not disclose nonpublic personal information to a non affiliated third party without providing an explanation of how the consumer can exercise their nondisclosure option. The Furnisher failed to inform me of my right to exercise this option. And sold my personal information to a third party without notice verbal or written notice Additionally, in consideration to accounts, XXXX ( Original Creditor : XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) and XXXX XXXX XXXX XXXXXXXXConfidential Finance , they are both in violation of the Privacy Act of 1974 ( 5 U.S. Code 552a ). This specifically includes : Subsection ( b ) under Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. 

Furthermore, XXXX ( Original Creditor : XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) and XXXX XXXX XXXX XXXXXXXXConfidential Finance have violated 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ; ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. XXXX XXXX XXXX XXXX XXXX XXXX ) and XXXX XXXX XXXX XXXXXXXXConfidential Finance has not furnished me with an OPT OUT notice before adding anything positive or negative to my consumer report. 

I must emphasize that there are multiple errors throughout my credit report from all three credit bureaus, and it is my right, as protected by fair credit reporting laws, to have these accounts reported accurately. I have taken proactive measures to ensure the accuracy of my credit report, including regular monitoring of my financial activity, promptly addressing any concerns, and maintaining good credit habits. However, it appears that XXXX, XXXX, and XXXX have failed to fulfill their obligations in this regard. 

Therefore, I kindly request the intervention of the Consumer Financial Protection Bureau in this matter to promptly rectify the situation. Specifically, I am requesting the following actions : 1 ) Review the enclosed copies of relevant documents, including my credit report highlighting the inaccuracies. 
XXXX XXXX XXXX XXXX XXXX 's, XXXX 's, and XXXX 's reporting practices and ensure compliance with the FCRA. 
3 ) Promptly correct the inaccuracies in my credit report and notify me of the corrections made.

4 ) Take appropriate measures to prevent future instances of inaccurate reporting by XXXX 's, XXXX 's, and XXXX 's. 
5 ) Investigate the XXXXXXXX XXXX XXXX XXXX XXXX  unfair or deceptive acts or practices, as well as their continued negligence with regard to consumer privacy. 

I want both of these reported accounts deleted of my report for inaccurate reporting under FCRA and violation of the Privacy Act of 1974, as all information reported must be 100 % accurate and properly disclosed ; and as part of their settlement XXXX XXXX is required to make restitution for this violation.

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