Consumer complaint received 2023-07-22
Company: Early Warning Services, LLC
State: MA
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:
According to the Fair Credit Reporting Act 15 U.S. Code 1681b ( a ) it states 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. Early Warning Services is the reporting agency, and I am the consumer. I have not given written instruction to Early Warning Services to furnish a single thing on the consumer report in the PDF file attached named EWS XXXX. 

In 12 CFR 1022.3 - Definitions it states ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority.. I did not give the authority for Early Warning Services written consent to have anything added to my consumer report. This violation applies to every item in the PDF file attached named EWS XXXX. 

In 15 U.S. Codes 6801 it 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. I have the right to make sure my private information isn't shared. This violation applies to every item in the PDF file attached named EWS XXXX. 

In 15 U.S. Code 1681- Congressional findings and statement of purpose it states ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. These unfair credit reporting methods undermine my confidence in continued functioning of the banking system. This violation applies to every item in the PDF file attached named EWS XXXX. ( 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. My respect to privacy is not a concern to Early Warning Services ; this violation applies to every item in the PDF file attached named EWS XXXX. 

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information it states ( a ) 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 XXXX of this title. This violation applies to every item in the PDF file attached named EWS XXXX. 

In 15 U.S. Code 6802 it states ( 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 ; Early Warning Services has not disclosed in writing or in electronic form permitted under section 6804 of this title, that such information may be disclosed to such third party. This violation applies to every item in the PDF file attached named EWS XXXX. 

In 15 U.S. Code 6802 ( 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. I was not given the opportunity to direct the information to not be disclosed to such third party ; this violation applies to every item in the PDF file attached named EWS XXXX. 

In 15 U.S. Code 6802 ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. I was not given an explanation of how to exercise that option this is a single violation.

In 15 U.S. Code 6802 ( 2 ) with the consent or at the direction of the consumer. I have not given my consent nor was this done at my discretion, this violation applies to every item in the PDF file attached named EWS XXXX. 

In 15 U.S. Code 6803 - Disclosure of institution privacy policy it states ( a ) 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 ; ( 3 ) protecting the nonpublic personal information of consumers. I have not received a disclosure annually from Early Warning Services that provides a clear and conspicuous disclosure in writing or in electronic form with respect to what is stated in ( 1 ) and ( 3 ). This violation applies to each year since establishment of a customer relationship on XX/XX/XXXX as stated in the XXXX XXXX  section ( Page 3 of 26 ).

In 15 U.S. Code 1681a - Definitions ; rules of construction it states ( 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; ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ;. I was not given the opportunity, before the time that the information was initially communicated to direct that such information to not be communicated among such persons. This violation applies to every item in the PDF file attached named EWS XXXX. 

In 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports it states ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.. This violation applies to every returned transaction ( 19 total ) in the PDF file attached named EWS XXXX. 

In 15 U.S. Code 1681e - Compliance procedures it states ( a ) 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) ACCURACY OF REPORT Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports the Early Warning Systems is also violating compliance procedures under this title. This violation applies to every item in the PDF file attached named EWS XXXX. 

In the Privacy Act of 1974 5 U.S. Code 552a - Records maintained on individuals, the term record is defined as ( 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 ;. In ( b ) it states 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. This further proves that Early Warning Services need prior written instruction of the individual to whom it relates, and I have not given them written consent for such actions This violation applies to every item in the PDF file attached named EWS XXXX. 

In 31 U.S. Code 3711 - Collection and compromise it states ( e ) ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and. Not has Early Warning Services violated the Fair Credit Reporting Act, but they have also violated the Privacy Act of 1974. This violation applies to every item in the PDF file attached named EWS XXXX. 

In 16 CFR 313.4 Initial privacy notice to consumers required it states When you establish a customer relationship ( 1 ) General rule. You establish a customer relationship when you and the consumer enter into a continuing relationship. I never received such notice ; this is a violation. 15 U.S. Code 6803 - Disclosure of institution privacy policy was violated therefore this was also violated ; this is a single violation.

In 16 CFR 313.5 Annual privacy notice to customers required. ( a ) In general ( 1 ) General rule. Except as provided by paragraph ( e ) of this section, you must provide a clear and conspicuous notice to customers that accurately reflects your privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of 12 consecutive months during which that relationship exists. You may define the 12-consecutive-month period, but you must apply it to the customer on a consistent basis. 15 U.S. Code 6803 - Disclosure of institution privacy policy was violated therefore this was also violated. This violation applies to each year since establishment of a customer relationship on XX/XX/XXXX as stated in the XXXX XXXX  section ( Page 3 of 26 ).

Company response to consumer: Closed with explanation