Consumer complaint received 2023-09-22
Company: TD BANK US HOLDING COMPANY
State: TX
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 per the Fair Credit Reporting Act, 15 USC 1681 602 ( a ), there exists an imperative need to ensure that consumer reporting agencies fulfill their substantial responsibilities with fairness, impartiality, and a deep respect for the consumer 's right to privacy. Both XXXX, XXXX, and XXXX are recognized as consumer reporting agencies, and I am the Consumer in question. It is essential to note that I possess the right to safeguard my private information, a right firmly supported by 15 USC 6801. This statute unequivocally states that it is the policy of 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. 

TD AUTO, in its capacity as a financial institution, is bound by this statutory obligation. 

Furthermore, 15 USC 1681 604 ( a ) ( 2 ) specifically stipulates that " 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. '' It is of utmost importance to underline that neither TD AUTO nor the consumer reporting agencies, XXXX, XXXX, and XXXX, have obtained my consent to furnish this information. Furthermore, they do not possess my written consent. I hereby formally revoke any and all consent, regardless of whether it is verbal, non-verbal, written, implied, or conveyed by any other means, to XXXX, XXXX XXXX, XXXX, and TD AUTO. 

Additionally, it is vital to bring to your attention that XXXX XXXX XXXX ( b ) ( c ) expressly mandates that " A financial institution XXXX not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' TD AUTO never informed me of my right to exercise my nondisclosure option.

In accordance with 15 USC 1681c ( a ) ( 5 ), it is explicitly stated that " 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. '' It is pertinent to emphasize that the account in question contains adverse items being reported without my consent, which is in direct violation of the law.
Furthermore, 15 U.S. Code 1681s2 ( A ) ( 1 ) ( A ) explicitly dictates that " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' Additionally, 15 U.S. Code 1681e mandates that " 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. '' It has come to my attention that XXXX, XXXX, and XXXX are not maintaining reasonable procedures in this regard.

Lastly, I draw your attention to 12 CFR 1016.7, which unambiguously states that " A consumer may exercise the right to opt out at any time. '' Therefore, I am unequivocally exercising my right to opt out of your reporting services, effective immediately.

Company response to consumer: Closed with explanation