Consumer complaint received 2024-01-05
Company: HYUNDAI CAPITAL AMERICA
State: FL
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:
As a consumer, I assert that Hyundai Capital America ; Hyundai Motor Finance has consistently violated my right to privacy, as protected by the Privacy Act of 1974. Hyundai Capital America ; Hyundai Motor Finance, through its various iterations, has reported negative information on my credit report without my authorization, contravening the Fair Credit Reporting Act ( FCRA ), as explicitly outlined in 15 USC 1681 section 602a. This section of the FCRA emphasizes the imperative for consumer reporting agencies to discharge their responsibilities with fairness, impartiality, and due regard for consumer privacy, stating, " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. '' Pursuant to 15 USC 6801, I, as the consumer, retain the right to ensure that my private information is not disseminated without explicit consent. Hyundai Capital America ; Hyundai Motor Finance, recognized as a financial institution under the same title, is subject to 15 USC 1681 section 604a section 2, which explicitly states, " 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. '' In this specific case, neither Hyundai Capital America ; Hyundai Motor Finance nor XXXX, XXXX and XXXX, a consumer reporting agency, possesses my written consent to furnish this information, rendering their actions unlawful.I hereby unequivocally revoke any and all consent previously granted to XXXX, XXXX, XXXX and Hyundai Capital America ; Hyundai Motor Finance, whether such consent was verbal, non-verbal, written, implied, or otherwise. Additionally, it is noteworthy that Hyundai Capital America ; Hyundai Motor Finance and XXXX, XXXX, XXXX neglected to apprise me of my right to exercise the nondisclosure option, exacerbating their non-compliance with relevant laws. 

Furthermore, the inclusion of this adverse item in my credit report by XXXX XXXX and XXXX runs afoul of 15 USC 1681C ( a ) ( 5 ), which explicitly 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. '' XXXX, XXXX and XXXX, as consumer reporting agencies, are duty-bound to uphold reasonable procedures designed to avoid such violations, as mandated by the requirements delineated in 15 USC 1681b . Additionally, 12 CFR 1016.7 further underscores a consumer 's right to opt out at any time from reporting services. 

Hyundai Capital America is also reporting on an account that they have already written off and have sent a 1099c to me the consumer, confirming this. This debt is already discharged. They can't collect on a charged-off or discharged account. After all, it is considered taxable income and income can not be reported on a consumer credit report. This account is an adverse item they are reporting again without my permission, which is against the law. 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, is 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 has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation