Consumer complaint received 2024-01-19
Company: WELLS FARGO & COMPANY
State: NJ
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I have told Wells Fargo numerous times in written communications and in written communications that I want to opt out of credit reporting. Congress enacted15 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. 

Wells Fargo has never given me disclosure on how to opt out and/or the opportunity to opt out of such disclosures to be made to third parties as the statute sited above clearly states. I want to opt out, but when I spoke to XXXX XXXX XXXX who works inside Wells Fargo XXXX XXXX he told me that he doesn't think I can opt out of his company making disclosures about me to third parties. This is clearly not true and is an attempt to continue to make disclosures about me against my wishes in violation of the law and trampling my rights as a federally protected consumer. 

Furthermore I am a federally protected consumer as stated in the Fair Credit Reporting Act ( FCRA ) and Wells Fargo is making private disclosures about me to XXXX, XXXX, and XXXX knowing that I have elected to opt out of them making such disclosures about me to private third parties. All these companies mentioned above do not have permission to make said disclosures about me to third party non affiliates, and to furnish such disclosures on a credit profile in my name and using my social security number on it.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 : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.

( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

XXXX, XXXX, and XXXX do not have permission from me to furnish anything that Wells Fargo has shared with them. 
Also in accordance with 15 U.S.C. 1681 ( b ) XXXX, XXXX, and XXXX do not have my consent as I have given them written instruction to not furnish anything that the following companies have reported to them on my credit report. Wells Fargo Home Mortgage XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and any public record about me that these aforementioned companies have reported without my consent ( i.e bankruptcy filings ).

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 explanation