Consumer complaint received 2024-02-07
Company: Atlanticus Services Corporation
State: CO
Product: Credit reporting 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 OPT-OUT In accordance with the Fair Credit Reporting Act ( FCRA ) 15 USC 1681, section 602a underscores the necessity for consumer reporting agencies to carry out their significant duties with fairness, impartiality, and a regard for the consumer 's entitlement to privacy. XXXX and XXXX, recognized as consumer reporting agencies, interface directly with consumers like me. I, as the consumer, possess the fundamental right to safeguard my private information from unwarranted sharing, as substantiated by 15 USC 6801, which underscores Congress 's stance that each financial institution bears an ongoing obligation to uphold the privacy of its clientele and safeguard the confidentiality of their nonpublic personal data. 
Entities furnishing information to credit agencies are categorized as financial institutions under the aforementioned statute. Pertinently, 15 USC 1681, section 604a, subsection 2 outlines that consumer reporting agencies may solely furnish consumer reports in adherence to the explicit written directives of the concerned consumer. Both the financial institution, as the provider of information to credit agencies, and the consumer reporting agencies such as XXXX and XXXX, and XXXX, do not possess my authorization to furnish this information, nor do they have my explicit written consent. Therefore, any consent previously extended to XXXX, XXXX, XXXX, or other entities acting as furnishers of information to credit agencies, whether verbal, non-verbal, written, implied, or otherwise, is hereby revoked. 
Moreover, 15 USC 6802 ( b ) ( c ) dictates that a financial institution must not disclose nonpublic personal information to nonaffiliated third parties unless the consumer is provided with a clear explanation of how they can exercise their right to non-disclosure. Regrettably, the financial institution in question failed to inform me of my right to exercise this option. Additionally, as per 15 USC 1681C ( a ) ( 5 ), no consumer reporting agency may include certain adverse items of information in a consumer report without proper authorization, a provision this account infringes upon.

Under 15 U.S. Code 1681s2 ( A ) ( 1 ), entities are prohibited from furnishing inaccurate information to consumer reporting agencies, yet XXXX and XXXX continue to do so. Furthermore, 15 U.S. Code 1681e mandates that consumer reporting agencies maintain reasonable procedures to prevent violations of section 1681c and restrict the furnishing of consumer reports to the purposes specified under section 1681b, a requirement which XXXX and XXXX seem to neglect. 
Additionally, as outlined in 12 CFR 1016.7, consumers retain the right to opt out of reporting services at any given time. Hence, I am formally exercising my right to opt out of your reporting services effective immediately.

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