Consumer complaint received 2023-10-19
Company: RANDOLPH-BROOKS FEDERAL CREDIT UNION
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
RANDOLPH BROOKS FEDERAL CREDIT UNION is in clear violation of the law and will face legal consequences if right action is not taken immediately after this notice is received. It has come to my attention that RBFCU contacted a third party or credit reporting agency XXXX XXXX XXXX with my nonpublic personal information regarding an alleged debt account of {$490.00} ( ending in XXXX ) owed to your company without my written authorization to furnish such information. 
According to 15USC 1681 ( b ) permissible purpose of consumer reports, THE LAW CLEARLY STATES 2 ) In accordance with the written instructions of the consumer whom it relates. I never gave you written authorization to contact any third party or credit reporting agency with my nonpublic personal information. Provide me with the original signed consumer agreement between both parties that gave you permission to contact XXXX XXXX XXXX with such information and data. 
Furthermore, according to 15USC 1681a ( 2 ) ( a ) ( i ) ; EXCLUSIONS ; My transactions or experiences to the person RANDOLPH BROOKS FEDERAL CREDIT UNION are EXCLUDED from my consumer report Your violation of 15USC 1681a ( 2 ) ( a ) ( i ) demands the deletion of the account you reported to XXXX XXXX XXXX because the LAW states my transactions and experiences to RBFCU are excluded from my consumer report which MEANS THIS DATA IS NOT SUPPOSED TO BE FURNISHED OR REPORTED ON MY CONSUMER REPROT REGARDLESS OF WHAT IS INCLUDED IN ANY OF YOUR COMPANY POLICIES. ( a ) INGENERAL-Subject To Section ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) EXCLUSIONS Except as provided in paragraph ( 3 ), the term consumer report does not include all transactions or experiences between the consumer and the person reporting. Pursuant to 15USC 6802 ( B ) - RANDOLPH BROOKS FEDERAL CREDIT UNION failed to provide me with all three of my privacy disclosures ( A-C ) before the reporting of such information to XXXX XXXX XXXX which is another violation of the LAW ; OPT OUT ( 1 ) 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. 
I never received all three privacy disclosures before this account was furnished to XXXX XXXX XXXX which demands the deletion of this inaccurate account ( Ending in XXXX ) you reported closed on ( XX/XX/XXXX ) I refuse to pay this alleged debt, CEASE AND DESIST all collections activity regarding this alleged debt. 
According to 15USC 1691 ( c ) Ceasing Communication ; RANDOLPH BROOKS FEDERAL CREDIT UNION will face legal consequences if you contact me any further in attempt to collect this alleged debt and any third party or credit reporting agency with my nonpublic personal information as well as any person you attempt to sell this alleged debt to. Your offenses to reporting this alleged debt to collections amount to AGGRAVATED IDENTITY THEFT pursuant to 18USC 1028 ( A ). You then have knowingly transferred, possessed or used a means of identification of me without lawful authority which is a felony along with civil liability and defamation. Under the New Rule REGULATION F which took effect on XX/XX/XXXX, by reporting this account and parking this alleged debt on my Consumer Report, you are violating the FDCPA & 10006.30a and its new rule you must CEASE AND DESIST the reporting of this debt or I will escalate this matter.

According to the IRS Publication a Charge-Off is defined as Income that must get reported on taxes of the consumer regardless if the 1099c form was received from the person which is nonpublic personal information that does not get furnished on a consumer report - making this alleged debt owed to RANDOLPH BROOKS FEDERAL CREDIT UNION unable to be reported to any credit reporting agency or third party with respect to such private information of the consumer involved. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the Consumer with respect to such debt.

Company response to consumer: Closed with explanation