Consumer complaint received 2023-11-06
Company: American Profit Recovery, Inc., Marlborough, MA Branch
State: TN
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to ensure that consumer reporting agencies exercise their grave- responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies, and I am 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. '' American Profit Recovery is a financial institution by definition under that title. 15 USC 1681 section 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies 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 XXXX, XXXX, XXXX, and ( American Profit Recovery ) 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. '' ( American Profit Recovery ) Never informed 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 section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed- under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining- reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting- services.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation