Consumer complaint received 2023-01-26
Company: OPORTUN FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I, XXXX XXXX, have extensively reviewed my consumer reports provided by XXXX, XXXX, and XXXX of which OPORTUNXXXX  has been furnishing information. I have noticed that after several reinvestigations into this disputed account, they continue to have inaccurate, misleading, and missing information. OPORTUN/XXXX  has repeatedly stated in their reply to the disputes that these accounts meet FCRA requirements, which is not true. The FCRA states that all information that is being reported on my consumer report must be 100 % complete and accurate. According to Congress, 15 U.S. Code 1681 ( a ) ( 4 ) - Congressional findings and statement of purpose : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. It is not fair that OPORTUNXXXX, is neglecting their responsibility of ensuring accuracy and disrespecting my rights. Congress also states : 15 U.S. Code 1681s2 ( a ) ( 1 ) ( B ) Reporting information after notice and confirmation of errors : A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. I, XXXX XXXX, gave notice of these inaccuracies on several occasions disputing with XXXX, XXXX, and XXXX as well as disputing through the CFPB on : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, & XX/XX/XXXX ; XXXX XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and numerous other occasions over the past year. Each time, my request was for the disputed account to be removed from my consumer report due to inaccuracies, misleading information, and missing information. OPORTUNXXXX has continued to be non-compliant to the law! Congress goes on to state : 15 U.S. Code 1681s2 ( b ) ( 1 ) ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation, based on the results of the reinvestigation promptly ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information. OPORTUNXXXX and the consumer reporting agencies of which they furnished information, have been non-compliant to the law and have continued, after numerous investigations, to report these erroneous accounts onto my consumer report. According to 15 U.S. Code 6803 - Disclosure of institution privacy policy ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. I HAVE NOT received any disclosure from OPORTUNXXXX  of which I have a disputed account. I am disputing this account and I have ceased to be a customer of OPORTUNXXXX OPORTUNXXXX  and the consumer reporting agencies of which it furnished information, are in direct violation of this law by continuing to disclose my nonpublic information after I ceased being a customer! 15 U.S. Code 1681m ( d ) ( 1 ) ( D ) - Requirements on users of consumer reports ; the consumer has a right to prohibit information contained in the consumers file with any consumer reporting agency from being used in connection with any credit or insurance transaction that is not initiated by the consumer. I, XXXX XXXX, am exercising my right to prohibit the following specific account that is listed on my consumer report due to law violations, inconsistent reporting, misleading information, inaccuracies, and missing information. I demand that the following account in its entirety be removed immediately from each of my consumer reports of which it was furnished! Remove this account - OPORTUN/XXXX xxxxxx XXXX - This account is in violation of 15 U.S. Code 6803. The furnisher of this account did not send me a Form 1099c which is a requirement of the IRS for charged off accounts according to IRS pub4681 for canceled debts. This account says it is transferred or sold, but the account status doesn't reflect that and should say closed. This account is no longer reporting, so that is a violation of FCRA requirements for reporting, because it is inconsistent. This account is missing information for date of last activity & date closed. Payment history should not be reporting here. This account is in violation of 15 U.S. Code 1681a ( d ) ( 2 ) Exclusions.the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information as to transactions or experiences between the consumer and the person making the report. 

In conclusion, I have shown you and you have been put on notice that you are reporting inaccurate information. The continued reporting of this information is a clear violation of the Law 15 U.S. Code 1681s2 of your responsibilities as a furnisher of information. You have caused me and my family severe harm due to your negligence and inaccurate reporting. You have 10 days to DELETE THIS ACCOUNT from my consumer reports!

Company response to consumer: Closed with non-monetary relief