Consumer complaint received 2023-09-14
Company: CITIBANK, N.A.
State: IL
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:
To whom it may concern : I am writing in response to CITIBANK NA reply ( ATTACHED ) regarding my consumer rights under federal privacy laws. While I appreciate your response, I believe CITIBANK NA has fundamentally misinterpreted its obligations under both the Gramm-Leach-Bliley Act ( GLBA ) and Fair Credit Reporting Act ( FCRA ).

As established in my previous analysis, FCRA Section 1681a ( d ) ( 2 ) ( A ) ( I ) excludes transaction data between myself and CITIBANK NA from a consumer report. This means CITIBANK NA can not legally furnish this information to consumer reporting agencies.

While CITIBANK NA claims that 15 USC 6802 ( e ) ( 6 ) ( A ) provides a GLBA exception allowing it to share my transaction data with consumer reporting agencies with first complying with 15 USC 6802 ( a ) & amp ; ( b ), this is incorrect.

This exception explicitly states it only applies when the sharing is in compliance with the FCRA first. By furnishing information excluded under the FCRA, CITIBANK NA failed to meet the requirements to utilize this exception.

Therefore, CITIBANK NA can not rely on 15 USC 6802 ( e ) ( 6 ) ( A ) and remains bound by the opt-out notice mandates in GLBA Section 6802 ( b ) ( 1 ), which they violated by denying me my right under federal law to restrict the sharing of my personal information.

It has also come to my attention that this private information was shared with the intention of collecting extensions of credit by extortionate means, which is also crime under 18 USC 894.

Furthermore, by knowingly providing false information about my federally guaranteed privacy rights under GLBA, CITIBANK NAs actions constitute an intentional deprivation of my consumer rights codified under federal law. This violates civil rights statutes intended to protect the exercise of legal rights from interference. Additionally, willful denial of my privacy rights through false pretenses facilitates the unlawful access and use of my personal data, meeting the definition of identity theft under both federal and Washington state laws. These criminal issues require urgent redress in addition to civil liability.

Finally, failure to adhere to GLBA, FCRA, and other federal laws also constitutes a breach of the contractual terms binding CITIBANK NA to comply with applicable regulations.

In light of these violations, I again request CITIBANK NA immediately remove any non-public personal information from my credit file, provide an accurate opt-out notice, and cease any further unauthorized reporting. Because CITIBANK dishonored my previous notice, I have incurred avoidable damages. Should CITIBANK NA again fail to comply with the request made in this notice, I will be forced to file a case in my local small claims court to recover those damages. I am still however willing to resolve this matter privately and discharge all liabilities caused, but only in exchange for an immediate deletion.

Please confirm receipt of this notice and that CITIBANK will begin taking steps to address these violations without further delay.

NOTICE : A Signed & notarized copy of this notice has been mailed via USPS Certified Mail

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