Consumer complaint received 2022-10-21
Company: Nicholas Financial Inc.
State: OH
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
In accordance with the Fair Credit Reporting Act, Nicholas Financial : Account XXXX XXXX XXXXXXXX, has violated my rights. This company continues to furnish to consumer reporting agencies my approval of a specific extension of credit, 30+ day late payment from 2019 to the current date and they are furnishing my nonpublic personal information to nonaffiliated third parties without my consent. U.S. Code 1681a ( d ) ( 2 ) Exclusions -- Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( B ) any authorization or approval of a specific extension ofcreditdirectly or indirectly by the issuer of acredit cardor similar device ; 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Nicholas Financial furnishes information to the consumer reporting agencies without my consent and written instructions. 15 U.S. Code 6802 - Obligations with respect to disclosures of my nonpublic personal information ( 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. I was not provided opportunity to agree to opt-in or out of my nonpublic personal information be reported to any of the consumer reporting agencies. I have the right to privacy, accuracy of any information furnished to my consumer report as well as that information is furnished. Since Nicholas Financial has furnished this information from 2019 which Congress states is excluded from my consumer report pursuant to section 1681a, my creditworthiness, creditstanding, creditcapacity, character, general reputation, personal characteristics, and mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing themy eligibility for obtaining creditor insurance to be used primarily for personal, family, or household purposes has been harmed. While communicating this to NicholasFinancial, I was told by their representative that they must furnish this information. Now I'm requesting help from the Bureau.

Company response to consumer: Closed with explanation