Consumer complaint received 2024-01-05
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: LA
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:
Notice of FCRA Violations of Privacy Act of 1974 ; 15 USC 6802 OPT Out Notice and Disclosures Dear Consumer Finance Protection Bureau ( CFPB ), After careful reviewed of the Terms and Conditions in the under credit agreement of my account, XXXX XXXX failed to follow the agreement under The Privacy Act of 1974 : 5 U.S.Code 522a Violations ; per the Privacy Notice in the Terms and Conditions of the XXXX XXXX agreement XXXX, Transunion, and XXXX are all third party companies and non-affiliate companies by the definition included in the Terms and Conditions received from XXXX XXXX ; Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. 
Again they need prior written instruction of the individual to whom it relates Failure to provide reasonable means to Opt Out Opt Out Laws 12 CFR 1016.1-PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) iii ) Unreasonable opt out means. XXXX did not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. 
15 USC 6802 Violation ; Not Included or Provided-XXXX XXXX failed to provide reasonable means to opt out, neither-no initial opt out notice under 12 CFR 1016.4 Initial privacy notice to consumers as required and has never been received. 
12 CFR 1016.7 Violation-Form of opt out notice to consumers ; opt out methods were never given to me resulting in violation of 15 USC 6805 backed by 16 CFR 313 for Opt Out Disclosures violations. 

PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope. 
( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. 
Every company owes you a privacy notice before they furnish any information to our consumer report 12 CFR 1016.4 Initial privacy notice to consumers required. 
( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt-out right. 
( 2 ) Examples ( ii ) Reasonable opt-out means. You provide a reasonable means to exercise an opt-out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt-out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. 
( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right ; or The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. 

( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 
( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 
( i ) Duration of consumer 's opt out direction. 
( 1 ) A CONSUMER 'S DIRECTION TO OPT OUT UNDER THIS SECTION IS EFFECTIVE UNTIL THE CONSUMER REVOKES IT IN WRITING OR, IF THE CONSUMER AGREES, ELECTRONICALLY 15 U.S.Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, 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 section 6803 of this title. 
( b ) 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. 
Once again XXXX XXXX must give me an opt-out notice for anything that is to be added to my consumer report. 
15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law Request for Action : These violations are of significant concern and represent a serious breach of the regulatory requirements set forth by the Consumer Financial Protection Bureau ( CFPB ). 

Pursuant to 15 USC 6802 ; 16 CFR 313, 16 CFR 433.1 ; 15 USC 1681 ; I respectfully request that XXXX XXXX take immediate action to correct these violations and to compensate the harm caused, I the consumer states : According to the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) states " 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. '' Transunion, XXXX and XXXX are consumer reporting agencies and as the consumer, I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' XXXX XXXX is a financial institution by definition under that title. 15 USC 1681 604 ( a ) section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' XXXX XXXX the financial institution and the Consumer reporting agencies Transunion, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to Transunion, XXXX, XXXX, XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX failed to inform me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S.Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S.Code 1681e states " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under 1681b of this title. Transunion, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states " A consumer may exercise the right to opt out at any time. '' Per the FCRA, and as a Federally protected consumer, I am opting out of any and/or all reporting authorization that I, the consumer may have given, written, unwritten, verbal and nonverbal per 15 USC 6802.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief