Consumer complaint received 2022-12-28
Company: Early Warning Services, LLC
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with fraud alerts or security freezes

Complaint:
In accordance with the Fair Credit Reporting Act, and other Acts of XXXX, XXXX XXXX XXXX ( hereinafter " company '' ) has violated my ( hereinafter " consumer '' and " consumer 's '' ) rights since XX/XX/XXXX Consumer has attempted XXXX times to engage in and enforce consumer 's rights : ( XXXX ) XX/XX/XXXX ; ( XXXX ) XX/XX/XXXX ; ( XXXX ) XX/XX/XXXX ; ( XXXX ) cfpb complaint - XXXX on XX/XX/XXXX ( including complaints to other agencies ) ; ( XXXX ) cfpb complaint - XXXX on XX/XX/XXXX ( including complaints to other agencies ) ; and twice on XX/XX/XXXX after company called consumer on XX/XX/XXXX and left a voice message for consumer. On XX/XX/XXXX representative XXXX ( not sure XXXX her name because it was hard to hear her when she was speaking her name ) told consumer that company does not comply with the following laws and allows consumer to place security freeze or opt-out on his customer account with company. XXXX informed her that the law requires company to maintain website to allow for such and questioned her on why consumer was called on XXXX prior to questioning if the call was related to ( 1 ) permanent security freeze ; ( 2 ) permanent opt-out; ( 3 ) remedy for damages caused by noncompliance. She hung up at some point while consumer was expressing the law to her. Consumer called again and spoke with representative XXXX, who waited while consumer emailed his photo documentation and listened as consumer informed him of the laws company is in willful violation of. 

15 usc 1692 ( K ) ( A ) - allows consumer to charge company {$1000.00} per violation 15 usc 1681 ( a ) ( 4 ) - guarantees consumer 's right to privacy 15 usc 1681 ( b ) ( e ) - prohibits false information being reported against consumer 15 usc 1681 ( b ) - company did not use manner which is fair and equitable to the consumer in reporting negative allegations without written permission of the consumer 15 usc 1681 ( b ) ( a ) ( 2 ) - the company needs the consumer 's written permission to share consumers data and the company does not have the consumer 's written permission to share consumer 's data. 

15 usc 1692f- the company is fraudulently engaging in unfair and unconscionable practices against the consumer to adverse affects FCRA 611 ( 15 usc 1681 ) - company is willfully failing to comply with reporting requirements of the Fair Credit Reporting Act ( " FCRA '' ) even though the company advertises it's support/compliance of the FCRA on its website https : //www.earlywarning.com/consumer-information 15 usc 1681a ( p ) - company is a credit reporting agency that as described even though it fraudulently pretends not to be 15 usc 1681c-1 - guarantees consumer to the right to request a security freeze to prohibit CRA 's such as company from sharing consumer 's information and the company has 3 business days after receiving mail request to place the freeze for free. the company has not placed the freeze in 6 months. the company must also within XXXX business days after placing the freeze deliver confirmation of freeze. obviously it has not. 

15 usc 1681c-1 ( 6 ) - requires all consumer reporting agencies, such as company, to establish and maintain a webpage that allows consumers ( 1 ) request a security freez ; ( 2 ) allows requests for an initial fraud alert ; ( 3 ) allows requests for an extended fraud alert ; ( 4 ) allows for a request of an active duty fraud alert ; ( 5 ) allows for a opt-out of the use of consumer information in a consumer report, in accordance with 15 usc 1681m ( d ), ( 6 ) consumer reporting agencies must establish other means to request a security freeze 15 usc 6802 ( a ) - prohibits the sharing of consumer 's nonpublic personal information unless consumer has been given proper notice in compliance with 15 usc 6803. consumer has never received any notice regarding the sharing of consumer 's personal data.

15 usc 6802 ( b ) - guarantees consumer to the right to opt-out ( section is literally called opt out ) of the sharing of nonpublic personal information unless ( 1 ) the sharing person clearly and conspicuously discloses to consumer, in writing or electronic form or other form permitted under 15 usc 6804, that such information may be shared ; ( 2 ) the consumer is given the opportunity, before the sharing of of information initially begins, to direct that such information not be disclosed ; and ( 3 ) the consumer is given a clear and conspicuous explanation on how the consumer can exercise the nondisclosure options 15 usc 6803 - requires that consumer be given clear and conspicuous notice of disclosure at the very begining of any credit transaction so that consumer can exercise his opt-out options and consumer has never received such notice, hence is the reason why company has violated consumer 's rights to privacy and has violated all of the legal requirements of law that guarantees consumer 's rights to : security freeze, opt-out of sharing nonpublic personal information, prohibiting the sharing of particular information, privacy, FCRA rights, ECOA rights, etc. 

15 usc 6809 ( 4 ) - defines nonpublic personal information as personally identifiable financial information ( 1 ) provided by a consumer to a financial institution ; ( 2 ) resulting from any transaction with the consumer or any service performed for the consumer. consumer interprets this as balances, late payments, chargeoffs, open and closed accounts, collections, social security account number, monthly payments 15 usc 1681m ( d ) - guarantees consumer the right to prohibit the sharing of any information in any consumer credit transaction 15 usc 1681b ( c ) ( 1 ) - prohibits consumer reporting agencies, such as company, from furnishing account details without consumer 's explicit authorization 15 usc 1681 section 604 A - prohibits consumer reporting agencies, such as company, from furnishing account details without consumer 's explicit written instructions 15 usc 1681b ( c ) ( 2 ) - limits the information that credit reporting agencies may furnish to ( 1 ) name and address ; ( 2 ) and identifier that is not unique to the consumer and that is used by the receiving entity solely for the purposes of verifying the consumers identity ; and ( XXXX ) information pertaining to the consumer that does not identify the relationship or experience of the consumer with respect to any particular creditor or other entity 15 usc 6801 et. seq. - guarantees consumer has the right to opt-out of the sharing of consumer 's financial information to any unaffiliated third parties, with the statute even requiring that company gives notice and an opportunity to consumer opt out from such disclosures 12 cfr 1022.22 ( b ) - guarantees consumer has the right to opt-out of the sharing of consumer 's financial information to any unaffiliated third parties, with the statute even provides that an opt-out periord that does not expire unless revoked by the consumer can be established 15 usc 1681a ( k ) - consumer has suffered adverse actions based off of the inaccuracies reported on my consumer report generated by this company without consumer 's knowledge or permission in the amount of {>= $1,000,000}, which is a willful violation of the FCRA and Truth In Lending Act ( " TILA '' ) 15 usc 1681a ( k ) - consumer 's interpretation of the law is adverse action against consumer is illegal 15 usc 1681n ( a ) - allows consumer to hold company civilly liable for damages for noncompliance in amounts equal to the sum of : ( 1 ) actual damages {>= $1,000,000}, for noncompliance ; ( 2 ) punitive damages ; ( 3 ) reasonable attorney 's fees and costs 15 usc 1681o ( a ) - allows consumer to hold company civilly liable for damages for noncompliance in amounts equal to the sum of : ( 1 ) actual damages {>= $1,000,000}, for negligent noncompliance ; ( 2 ) punitive damages ; ( 3 ) reasonable attorney 's fees and costs 42 usc 1981 - guarantees consumer has equal rights under the law, rights which have been unfairly stripped away by company 12 usc 3401 et. seq. - guarantees consumer 's right to finanical privacy 15 usc 1691 ( a ) - prohibits and makes it unlawful for company to engage in discriminatory practices in any credit transaction on the basis of race, color, religion, national origin, sex, marital status, or age, or because the applicant has in good faith exercised any right. company has unfairly discriminated against consumer on these basis.

15 usc 1691e - allows consumer to hold company civilly liable for damages for noncompliance in amounts equal to the sum of : ( 1 ) actual damages {>= $1,000,000}, for noncompliance ; ( 2 ) punitive damages {$10000.00}, ; ( 3 ) equitable and declaratory relief ( 4 ) reasonable attorney 's fees and costs 31 cfr 1.32 - makes it unlawful for consumer to be denied anything, even if i refuse to furnish my social security account card 26 usc 301.7701-11 - consumer 's social security account card is a account according to law 26 usc 6109 - consumer 's social security account card is a account according to law 15 usc 1602 ( l ) - consumer 's social security account card is a credit card according to law 12 cfr 1002.2 ( k ) - consumer 's social security account card is a credit card according to law 15 usc 1602 ( p ) - use of consumer 's social security account card, a credit card, without fair and equitable benefit to the consumer is unauthorized use of consumer 's credit card, which is unlawful and felony fraud because consumer has never received a benefit for the company 's unauthorized use of consumer 's credit card 12 cfr 1002.2 ( c ) - consumer has suffered adverse actions based off of the inaccuracies reported on my consumer report generated by this company without consumer 's knowledge or permission in the amount of {>= $1,000,000}, which is a willful violation of the FCRA and Truth In Lending Act ( " TILA '' ) 15 usc 1640 - allows consumer to hold company civilly liable for damages for noncompliance in amounts equal to the sum of : ( 1 ) actual damages {>= $1,000,000}, for noncompliance ; ( 2 ) reasonable attorney 's fees and costs 15 usc 1644 - criminally penalizes company {$10000.00} and imprisons persons affiliated with the fraudulent use of consumer 's credit card for 10 years 15 usc 1611 - criminally penalizes company {$5000.00} and imprisons persons affiliated with providing false information or for noncompliance for one year when they are in willful and knowing violation 18 usc 1028A - criminally penalizes and imprisons all persons affiliated with knowingly transferring, possessing, using, without lawful authority, any means of identification of another person, in addition to the penalities provided for such illegal use, an additional 2 years. consumer has never given this company nor any other company consent to report consumer 's private and nonpublic information as consumer has never provided explicit and/or verbal permission to report this information. this is blatant identity theft.

15 usc 1681a ( d ) ( 2 ) ( A ) ( i )- the consumer/credit report generated by company is a willful violation of this code because it contains information relating to transactions and/or experiences between consumer and persons making reports to company and company is expressly prohibited by law from sharing such information 15 usc 1681a ( d ) ( 2 ) ( A ) ( ii ) - the consumer/credit report generated by company is a willful violation of this code because the company is under common ownership or affiliated by corporate control of Bank of America, BB & T , Capital One , JPMorgan Chase, and Wells Fargo ( available https : //www.earlywarning.com/press-release/us-banks-unite-form-industry-leading-secure-real-time-payments-network # : ~ : text=Early % 20Warning % 20is % 20owned % 20by % 20Bank % 20of % 20America % 2C, businesses % 20and % 20consumers % 20to % 20transact % 20securely % 20and % 20conveniently. ) or Bank of America, Truist, Capital One, JPMorgan Chase, PNC Bank, U.S. Bank and Wells Fargo ( available https : //www.consumerfinance.gov/consumer-tools/credit-reports-and-scores/consumer-reporting-companies/companies-list/early-warning-services/ # : ~ : text=Assists % 20financial % 20institutions % 2C % 20check % 20acceptance % 20companies % 20such % 20as, Chase % 2C % 20PNC % 20Bank % 2C % 20U.S. % 20Bank % 20and % 20Wells % 20Fargo. ) 15 usc 1681a ( d ) ( 2 ) ( iii ) - Bank of America, one of the six or seven co-owners of company, failed to clearly and conspicuously disclose that it is owner of company, that it would use information generated by company to take adverse actions against consumer, failed to clearly and conspicuously disclose that information that is within company 's possession may be communicated to such persons, and failed to clearly and conspicuously disclose that consumer would be given the opportunity to direct that such information not be communicated among such person before the information has been initially communicated.

I have never received clear and conspicuous documentation from company detailing my rights in regards to credit reporting and my rights to opt-out and/or prohibit the sharing of my private and nonpublic information prior to my complaint with the company and with the bureau.

12 cfr 1002.9 - consumer 's interpretation of the law is that adverse action against consumer is illegal 12 CFR Part 1002 - Equal Credit Opportunity Act ( Regulation B ) MOST RECENTLY AMENDED JAN. 1, 2018 Regulation B protects applicants from discrimination in any aspect of a credit transaction.

( as displayed on CFPB webpage https : //www.consumerfinance.gov/rules-policy/regulations/1002/ ) 15 usc 6821 - prohibits the obtaining, attempt to obtain, disclosing, attempt to cause to be disclosed, to any person, customer information by ( 1 ) making false, fictitious, or fraudulent statements or misrepresentations to an financial institution or its agents ; ( 2 ) by making false, fictitious, or fraudulent statements or misrepresentations to a customer ; ( 3 ) by providing any document to an agent of a financial institution, knowing that the document is either forged, counterfeit, lost, stolen, was fraudulently obtained, or contains false, fictitious, or fraudulent statements or misrepresentations. company and the persons that report to company have never obtained my explicit or verbal consent to compile my nonpublic personal information into public report to be disseminated amongst nonaffiliated persons 15 usc 6823 - criminally penalizes company and persons affiliated with the obtaining/disseminating fraudulently obtained information pursuant to title 18, including 18 usc 3571 , where 18 usc 3571 ( d ) doubly penalizes any pecuniary gain to the perpetrator/violator or any pecuniary loss to any person, including individuals, and and imprisons them for five years.

Company response to consumer: Closed with explanation