Consumer complaint received 2023-12-18
Company: PORTFOLIO RECOVERY ASSOCIATES INC
State: LA
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:
XXXX, XXXX, XXXX, XXXX, and Portfolio Recovery are in violation of 15 U.S. Code 6801-Protection of nonpublic personal information. Financial institutions and Credit Report Agencies have a duty to ensure the security and confidentiality of customer records, protect against threats of security, and protect against use of such records or information that could result in substantial harm or any inconvenience to the customer. Each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security of those customers nonpublic personal information. According to 15 U.S. Code 6802- Obligations with respect to disclosures of nonpublic personal information, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with 15 U.S. Code 6803. In general, a financial institution may not disclose personal information to a nonaffiliated third party unless such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form, or other form permitted by 15 U.S. Code 6804, 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 the consumer is given an explanation of how the consumer can exercise that nondisclosure option. According to 16 CFR 313.4 Initial Privacy notice to consumer required- Financial institutions must provide a clear and conspicuous notice that accurately reflects privacy policies and practices to a consumer before you disclose any nonpublic personal information about the consumer to any non affiliated third party. 16 CFR 313.7-Form of opt out notice to consumers ; opt out methods-Financial institutions must provide a clear and conspicuous notice to each consumer that accurately explains the right to opt out. The notice must state that you disclose or reserve the right to disclose nonpublic personal information about the consumer to a non affiliated third party ; that the consumer has a right to opt out of that disclosure and a reasonable means by which the consumer may exercise the opt out right. There are various inaccuracies between the three credit reporting agencies. XXXX is reporting no accounts. XXXX and XXXX are reporting different amounts for XXXX. According to 15 U.S. Code 1681 consumer reporting agencies must adopt reasonable procedures for meeting the needs of commerce for consumer credit which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, and property utilization of such information. Per 15 U.S. Code 1681 ( b ) Permissible purposes of consumer reports, a consumer reporting agency may furnish a consumer report in according with the written instructions of the consumer to whom it relates. The Privacy Act of 1974 prohibits the disclosure of a record about an individual from a system of records, absence the written consent of the individual. The Family Educational Rights and Privacy Act protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Schools may disclose, without consent, directory information such as a students name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell patently and eligible students about directory information and allow a reasonable amount of time to request that the school not disclose directory information about them. School must notify parents and eligible students of their rights under FERPA

Company response to consumer: Closed with explanation