Consumer complaint received 2023-09-17
Company: NAVY FEDERAL CREDIT UNION
State: MD
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:
I am writing to officially file a complaint against Navy Federal Credit Union ( NFCU ) for what I believe to be a gross violation of my consumer rights as protected under 15 U.S. Code 1681s3 pertaining to affiliate sharing of personal information.

NFCU failed to comply with the necessary disclosure requirements that mandate clearly and conspicuously informing the consumer that their information may be communicated among entities affiliated by corporate control for marketing solicitations. Furthermore, NFCU did not provide an opportunity or a straightforward method for me to prohibit such solicitations, thereby failing to adhere to the standards established under the aforesaid statute, specifically clauses 1681s-3 ( a ) ( 1 ) ( A ) and ( B ).

To detail, NFCU has shared significant personal financial information, including specific transaction amounts, with multiple credit agencies and entities including but not limited to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. These shared amounts include {$36000.00}, {$10000.00}, {$8900.00}, {$5300.00}, and {$19000.00}. This sharing of personal financial information was done without my explicit consent and absent any disclosure of such potential sharing in the member 's rules and regulations, a copy of which has been duly attached for your reference. 



Initiate an Immediate Investigation : To duly investigate this breach of consumer rights, collaborating with other involved entities to ensure a thorough review of the circumstances.

Ensure Compliance : To use its position as a reputed credit agency to enforce stringent adherence to the rules stipulated under 15 U.S. Code 1681s3, ensuring other consumers do not face a similar breach of privacy.

Restore My Credit Standing : To take necessary measures to restore any potential harm done to my credit score or financial standing as a consequence of this unauthorized sharing of my personal information. 

Feedback on Actions Taken : To keep me informed on the steps taken in rectifying this issue and ensuring adherence to the stipulated consumer protection guidelines. 

I am looking forward to a prompt resolution of this matter, putting my trust in XXXX to uphold the principles of consumer rights protection and to work towards redressing this breach of trust and privacy. I am willing to provide any further information that may be required to facilitate this investigation. 

Thank you for your attention to this serious matter. I eagerly await your response. 



Enclosures : Copy of Member 's Rules and Regulations from Navy Federal Credit Union 15 U.S. Code 1681s3 - Affiliate sharing ( a ) Special rule for solicitation for purposes of marketing Notice Any person that receives from another person related to it by common ownership or affiliated by corporate control a communication of information that would be a consumer report but for clauses ( i ), ( ii ), and ( iii ) of section 1681a ( d ) ( 2 ) ( A ) of this title, may not use the information to make a solicitation for marketing purposes to a consumer about its products or services, unless ( A ) it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons for purposes of making such solicitations to the consumer ; and ( B ) the consumer is provided an opportunity and a simple method to prohibit the making of such solicitations to the consumer by such person.

Consumer choice ( A ) In general The notice required under paragraph ( 1 ) shall allow the consumer the opportunity to prohibit all solicitations referred to in such paragraph, and may allow the consumer to choose from different options when electing to prohibit the sending of such solicitations, including options regarding the types of entities and information covered, and which methods of delivering solicitations the consumer elects to prohibit.

( b ) Duration of consumers election The election of a consumer to prohibit the making of solicitations under subsection ( a ) shall be effective for at least 5 years, beginning on the date on which the person receives the election of the consumer, unless the consumer revokes such election ; or the consumer requests that such solicitations be resumed.

( c ) Other products or services Nothing in this section shall be construed as prohibiting a person from making solicitations to a consumer if the consumer has initiated contact with the person ; to prevent directed marketing of products or services to a consumer if such marketing is not made through the use of information that would be a consumer report, but for clauses ( i ), ( ii ), and ( iii ) of section 1681a ( d ) ( 2 ) ( A ) of this title.

( d ) Enforcement This section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials identified in that section.

In the context of your situation, section ( a ) is particularly relevant. It stipulates that if NFCU has shared your personal information, which would qualify as a " consumer report '' with affiliated companies for marketing purposes, they were required by law to inform you clearly and conspicuously that such sharing may occur. Furthermore, they were obligated to provide you with a simple method to opt out of such solicitations.

Before taking action, ensure you review the members rules and any other agreement you have with NFCU carefully to confirm whether such disclosures were made and whether an opt-out method was provided. You may then proceed to raise this issue based on the guidelines provided in the 15 U.S. Code 1681s3, if it seems they were in violation I contend that NFCU has egregiously violated these stipulated norms by sharing substantial financial information inclusive of explicit transaction details with multiple external agencies : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. The transaction details are as follows : {$36000.00} {$10000.00} {$8900.00} {$5300.00} {$19000.00} This sharing of sensitive personal data was executed without my explicit consent, and more so, without any such disclosure in the members rules and regulations, the proof of and interests of consumers like myself. 

Ensure Compliance : Leverage your position to enforce stringent adherence to the rules detailed under 15 U.S. Code 1681s3, thus ensuring no other consumer faces a similar infringement of their rights.

Restore My Credit Standing : Facilitate the restoration of any damage inflicted on my credit score or financial standing due to this unauthorized sharing of my personal information.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation