Consumer complaint received 2022-02-04
Company: Upstart Holdings, Inc.
State: NY
Product: Credit reporting, credit repair services, 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 TO CURE NOTICE OF FAULT NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Loan id number XXXX upstart borrower id XXXX XXXX XXXX BANK IS SERVICING THIS LOAN ACTING AS A CONSUMER REPORTING AGENCY As well I have come across my consumer report and have noticed You are reporting my information without my written consent it is impossible for your company privacy policy to supersede federal law. Stated in 15 usc 1681 Congress has created the FCRA to insure the consumers right to privacy as all consumer reporting agencies including any company acting as consumer reporting agency have ASSUMED the vital role of assembling and evaluating consumer credit information Fact, XXXX XXXX Bank is a consumer reporting agency pursuant to 15 usc 1681a ( f ) a person who regularly engages assembling, evaluating consumer credit information, any other information on consumer for purpose of furnishing consumer reports to third parties such as but not limited XXXX, XXXX, XXXX Fact, XXXX XXXX Bank is a consumer reporting agency pursuant to 15 usc 1691a ( p ) assembling, evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, nationwide, XXXX XXXX Bank has shared my information to multiply THIRD PARTIES such as but not limited to XXXX, XXXX, XXXX. My account information on my consumer reports is evidence of this fact In your promissory note ( see exhibit ( E ) ) you have created on PAGE 5 pt 15. I Authorize you to obtain a credit report on me for any legal purpose in connection with this note, including any update, extension of credit, review or collection of this loan such action is a violation of the FCRA due to the fact you can only furnish a report with the written consent with the consumer to whom it relates 15 usc 1681 ( a ) ( 2 ), and pursuant to 15 usc 1681a ( 2 ) ( a ) ( i ) any report containing information on consumer report as solely transactions or experiences between you making the report and me the consumer must be excluded from a consumer report for example, such as but not limited to payment history, date of opening of account, or any other experiences such as late payments, charged off any and all information obtain through application or obtain through any credit transaction Pursuant to 15 usc 1681 ( a ) ( 2 ) you have no permissible purpose which is written consent from i the consumer to have furnished this account please send copies to address on file, as such document is required to be in my consumer file pursuant to 15 usc 1681a ( g ). Failure to produce such a document and in the case of continuing reporting of my information will cause XXXX XXXX Bank to be in violation pursuant to FCRA violation of consumer privacy, wilfully non compliance which may result in a remedies owed to me the consumer for such violation. 


XXXX, XXXX XXXX Bank is a financial institution which is defined pursuant to 15 usc 6827 ( 4 ). Pursuant to 15 usc 6802 ( b ) ( 1 ) a financial institution, may not disclose any nonpublic personal information, nonpublic personal information is defined pursuant to 12 CFR 1016.3 ( p ) ( XXXX ) ( i ) as personally identifiable financial information, personally identifiable financial information is defined pursuant to 12 CFR 1016.3 ( q ) ( 1 ) ( i ) ( ii ) ( iii ) as any information i have given you to obtain financial service from you and any information resulting from any and all transactions involving financial services between XXXX XXXX XXXX Bank and i the consumer, examples of information pursuant to 12 CFR 1016.3 ( q ) ( 2 ) ( i ) ( A ) Information i have provided to you on a application to obtain credit ( B ) Account balance information, payment history, overdraft history, ( C ) The fact that i am your customer or have been and the fact i have obtained a financial product or service from you ( E ) Any information that i have provided You or any one of your agents or employees obtain in connection with collecting on, or servicing, a credit account, ( F ) Cross River BankAny information You XXXX XXXX Bank may have collected through an internet cookie ( an information collecting device from a web server ). To a non affiliate third party unless ( A ) such financial institution clearly and conspicuously, clear and conspicuously is defined pursuant to 12 CFR 1016.3 ( b ) ( 1 ) means that a notice is reasonably understandable and designed to call attention to the nature and significance of the information in the notice, examples of reasonable understandable pursuant to 12 CFR 1016.3 ( b ) ( 2 ) ( i ) ( A ) Present the information in the notice clear with concise sentences, paragraphs, and sections, ( B ) Use short explanatory sentences or bullet list whenever possible, ( C ) Use definite, concrete, everyday words and and active voices whenever possible, ( D ) Avoid multiple negatives, ( E ) Avoid legal and highly technical business terminology whenever possible, ( F ) Avoid explanations that are imprecise and redlily subject to different interpretations, discloses to the consumer, in writing or electronic form that such information may be disclosed to such party and pursuant to 15 usc 6802 ( b ) ( 1 ) ( B ) i consumer is given the clear and conspicuous opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such party ; and, ( C ) i the consumer is given a clear and conspicuous explanation of how the consumer can exercise that nondisclosure option. ALL financial institutions shall deliver to all consumer a clear and conspicuous notice of financial institutions privacys policy And clear and conspicuous opt out methods to insure the safety of consumers nonpublic personal information pursuant to 15 usc 6803 ( a ) at the time of establishing the relationship between i the consumer and you the financial institution such notices shall be delivered in accordance to 12 CFR 1016.9 ( a ) ( b ) ( 1 ) ( i ) ( ii ) ( iii ), pursuant to 15 usc 6803 ( c ) each privacy notice shall include, ( 3 ) policies of financial institution that is place to maintain and to protect the confidentiality and security of consumers nonpublic personal information in accordance to section 15 usc 6801 which is pursuant to 15 usc 6802 ( A ) ( B ) ( C ), explains what is required of each financial institution before any nonpublic personal information may be shared to insure the protection of each consumers nonpublic personal information AND the power the consumer has in the decision of such information being shared or not shared. Federal regulation 12 CFR 1012.9 ( a ) ( b ) ( 1 ) ( i ) ( ii ) ( iii ) explains and gives examples for requirements of each financial institution to deliver each privacy notice and opt out form required to be delivered to each consumer so each consumer can reasonably be expected to receive such notices. Pursuant to 12 CFR 1016.7 ( a ) ( 1 ) ( i ) ( ii ) ( iii ) federal regulation p states what is required in each opt out notice, a clear and conspicuous notice that ACCURATELY explains the right all consumers have to opt out from nonpublic personal information being shared to any and all non affiliated third parties, and a reasonable means by which the consumer may exercise that right before such information is shared to any non affiliated third parties See exhibit ( e ) Due to your failure to follow congress requirements under the XXXX XXXX XXXX XXXX which is cleary disrespected in your privacy policy and opt out methods with failure to follow FEDERAL LAW AND REGULATIONS Pursuant to 18 usc 1028A ( a ) ( 1 XXXX XXXX XXXX Bank is in violation of aggravated identity theft for without lawful authority using a means of identification of another person pursuant to 18 usc 1028A ( c ) ( 8 ) XXXX XXXX BANK is in violation pursuant to XXXX XXXX XXXX for causing to be disclosed customer information of a financial institution relating to another natural person which is i the consumer, by pursuant to 15 usc 6821 ( a ) ( 3 ) providing a document, document defined pursuant to 15 usc 6827 ( 3 ) means any information in any form, which in this case nonpublic personal information pursuant to 12 CFR 1016.3 ( p ) ( 1 ) ( i ) to officer, employee or agent of a financial institution which pursuant to 15 usc 6827 ( 4 ) ( B ) XXXX, XXXX, XXXX are all financial institutions to whom XXXX XXXX Bank has shared to either a employee, officer or agent of such three consumer reporting agencies XXXX XXXX XXXX information that contains a fraudulent statement and representation of authority share my nonpublic personal information without consent from i the consumer which in fact makes you in violation pursuant to XXXX XXXX XXXX ( a ), The XXXX XXXX XXXX XXXX does not supersedes the requirements of the FCRA pursuant to 15 usc 1681 ( a ) ( 2 ) a consumer report must only be furnished with the written instructions of the consumer to whom it relates due, fact you have no permissible purpose to share any of my information. XXXX XXXX Bank is in violation pursuant to 18 usc 891a knowingly and conspiring to use extortionate means to collect and attempt to collect a extension of credit, extorinate means defined pursuant to 18 usc 891 ( 7 ) is any means which involves the use or an express or implicit threat of use, of violence and criminal means cause harm to the person reputation ( see exhibit ( E ) ) As stated on page 5 paragraph 15 of promissory note I Authorize you to obtain a credit report on me for any legal purpose in connection with this note, including any update, extension of credit, review or collection of this loan, according to 15 usc 1681 ( 4 ) it is my right as a consumer to the right to privacy and you Cross River furnishing a consumer report, sharing my nonpublic personal information to non affiliated third pirates is in fact a violation of my privacy and violation of FCRA, XXXX XXXX XXXX XXXX With Explicit Reservation of all Right, Without Prejudice UCC 1-308. 
XXXX XXXX

Company response to consumer: Closed with explanation