Consumer complaint received 2023-07-23
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
ID FOR COMPLAINT SENT TO TRANSUNION CONSUMER SOLUTIONS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX XXXX XXXX ) XXXX XXXX AMENDED Consumer Financial Protection Bureau has XXXX XXXX XX/XX/XXXX ID FOR COMPLAINT SENT TO TRANSUNION CONSUMER SOLUTIONS XXXX Whereas I, XXXX XXXX XXXX, have never received any written consent or properly certified documents and/or notifications sent to me. I Do Not consent or never consented and I have no knowledge of any such consent. 

TransUnion, a consumer reporting agency, identifies XXXX XXXX XXXX XXXX as the data furnisher responsible for providing commercial information to my consumer report.

15 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.

15 U.S. Code 3412. Use of information ( a ) Transfer of financial records to other agencies or departments ; certification Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimate law enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department TransUnion is also claiming that the consumer report is accurate and claims that the data furnisher has previously verified the unknown addresses and employment. I do not have any such knowledge of any third party data furnisher. TransUnion intent is to operate unfairly, deceptive or abusive 12 USC 5531. TransUnion has reported false claims, records on my consumer reports.

15 U.S. Code 1681s2 -Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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.

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 

31 USC 3729 : False claims effect on XX/XX/XXXX WHEREAS : TransUnion, knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government.

3729. False claims ( a ) Liability for Certain Acts.- ( 1 ) In general.-Subject to paragraph ( 2 ), any person who- ( A ) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval ; ( B ) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim ; ( C ) conspires to commit a violation of subparagraph ( A ), ( B ), ( D ), ( E ), ( F ), or ( G ) ; ( D ) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property ; ( E ) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true ; ( F ) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property ; or ( G ) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government, 12 USC 5531 : Prohibiting unfair , deceptive, or abusive acts or practices Text contains those laws in effect on XX/XX/XXXX TransUnion intent is Unfair, XXXX, or abusive acts and practices ( UDAAPs ) can cause significant financial injury to consumers, erode consumer confidence, and undermine the financial marketplace. Under The XXXX XXXX, it is unlawful for any provider of consumer financial products or services or a service provider to engage in any unfair, deceptive or abusive act or practice. The Act also provides CFPB with rule-making authority and, with respect to entities within its jurisdiction, enforcement authority to prevent unfair, deceptive, or abusive acts or practices in connection with any transaction with a consumer for a consumer financial product or service, or the offering of a consumer financial product or service. In addition, CFPB has supervisory authority for detecting and assessing risks to consumers and to markets for consumer financial products and services.

12 U.S.C 3403. Confidentiality of financial records ( a ) Release of records by financial institutions prohibited No financial institution, or officer, employees, or agent of a financial institution, may provide to any Government authority access to or copies of, or the information contained in, the financial records of any customer except in accordance with the provisions of this chapter.

( b ) Release of records upon certification of compliance with chapter A financial institution shall not release the financial records of a customer until the Government authority seeking such records certifies in writing to the financial institution that it has complied with the applicable provisions of this chapter.

( c ) Notification to Government authority of existence of relevant information in records Nothing in this chapter shall preclude any financial institution, or any officer, employee, or agent of a financial institution, from notifying a Government authority that such institution, or officer, employee, or agent has information which may be relevant to a possible violation of any statute or regulation. Such information may include only the name or other identifying information concerning any individual, corporation, or account involved in and the nature of any suspected illegal activity. Such information may be disclosed notwithstanding any constitution, law, or regulation of any State or political subdivision thereof to the contrary. Any financial institution, or officer, employee, or agent thereof, making a disclosure of information pursuant to this subsection, shall not be liable to the customer under any law or regulation of the United States or any constitution, law, or regulation of any State or political subdivision thereof, for such disclosure or for any failure to notify the customer of such disclosure.

( d ) Release of records as incident to perfection of security interest, proving a claim in bankruptcy, collecting a debt, or processing an application with regard to a Government loan, loan guarantee, etc.

( 1 ) Nothing in this chapter shall preclude a financial institution, as an incident to perfecting a security interest, proving a claim in bankruptcy, or otherwise collecting on a debt owing either to the financial institution itself or in its role as a fiduciary, from providing copies of any financial record to any court or Government authority.

( 2 ) Nothing in this chapter shall preclude a financial institution, as an incident to processing an application for assistance to a customer in the form of a Government loan, loan guaranty, or loan insurance agreement, or as an incident to processing a default on, or administering, a Government guaranteed or insured loan, from initiating contact with an appropriate Government authority for the purpose of providing any financial record necessary to permit su
ch authority to carry out its responsibilities under a loan, loan guaranty, or loan insurance agreement.

( Pub. L. 95630, title XI, 1103, Nov. 10, 1978, 92 Stat. 3698 ; Pub. L. 99570, title I, 1353 ( a ), Oct. 27, 1986, 100 Stat. 320721 ; Pub. L. 100690, title VI, 6186 ( a ), Nov. 18, 1988, 102 Stat. 4357. ) 15 U.S. Code 3412. Use of information ( a ) Transfer of financial records to other agencies or departments ; certification Financial records originally obtained pursuant to this chapter shall not be transferred to another agency or department unless the transferring agency or department certifies in writing that there is reason to believe that the records are relevant to a legitimate law enforcement inquiry, or intelligence or counterintelligence activity, investigation or analysis related to international terrorism within the jurisdiction of the receiving agency or department.

( b ) Mailing of copy of certification and notice to customer When financial records subject to this chapter are transferred pursuant to subsection ( a ), the transferring agency or department shall, within fourteen days, send to the customer a copy of the certification made pursuant to subsection ( a ) and the following notice, which shall state the nature of the law enforcement inquiry with reasonable specificity : " Copies of, or information contained in, your financial records lawfully in possession of have been furnished to pursuant to the Right of Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ] for the following purpose :. If you believe that this transfer has not been made to further a legitimate law enforcement inquiry, you may have legal rights under the Financial Privacy Act of 1978 or the Privacy Act of 1974 [ 5 U.S.C. 552a ]. '' ( c ) Court-ordered delays in mailing Notwithstanding subsection ( b ), notice to the customer may be delayed if the transferring agency or department has obtained a court order delaying notice pursuant to section 3409 ( a ) and ( b ) of this title and that order is still in effect, or if the receiving agency or department obtains a court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title. Upon the expiration of any such period of delay, the transferring agency or department shall serve to the customer the notice specified in subsection ( b ) and the agency or department that obtained the court order authorizing a delay in notice pursuant to section 3409 ( a ) and ( b ) of this title shall serve to the customer the notice specified in section 3409 ( b ) of this title.

( d ) Exchanges of examination reports by supervisory agencies ; transfer of financial records to defend customer action ; withholding of information Nothing in this chapter prohibits any supervisory agency from exchanging examination reports or other information with another supervisory agency. Nothing in this chapter prohibits the transfer of a customer 's financial records needed by counsel for a Government authority to defend an action brought by the customer. Nothing in this chapter shall authorize the withholding of information by any officer or employee of a supervisory agency from a duly authorized committee or subcommittee of the Congress.

( e ) Exchange of records, reports, or other information Notwithstanding section 3401 ( 6 ) 1 of this title or any other provision of law, the exchange of financial records, examination reports or other information with respect to a financial institution, holding company, or any subsidiary of a depository institution or holding company, among and between the five member supervisory agencies of the Federal Financial Institutions Examination Council, the Securities and Exchange Commission, the Federal Trade Commission, the Commodity Futures Trading Commission, and the Bureau of Consumer Financial Protection is permitted.

NOTICE OF WILLFUL NONCOMPLIANCE I am seeking Civil liability for willful noncompliance : TransUnion, 1 violation per month 43 x 7 = 50 X 10 Civil liability for willful noncompliance. {$1000.00} per violation. {$50000.00} X 10 = {$500000.00} Total {$500000.00} Update my consumer report and Civil liability for willful noncompliance {$1000.00} per violation.

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; False Claims Act penalties for 2023 31 USC 3729 : False claims Text contains those laws in effect on XX/XX/XXXX XXXX. False claims ( a ) Liability for Certain Acts.- ( 1 ) In general.-Subject to paragraph ( 2 ), any person who- ( A ) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval ; ( B ) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim ; ( C ) conspires to commit a violation of subparagraph ( A ), ( B ), ( D ), ( E ), ( F ), or ( G ) ; ( D ) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property ; ( E ) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true ; ( F ) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property ; or ( G ) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government, is liable to the United States Government for a civil penalty of not less than {$5000.00} and not more than {$10000.00}, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 ( 28 U.S.C. 2461 note ; Public Law 104-410 ), plus 3 times the amount of damages which the Government sustains because of the act of that person.

2023 False Claims Act Penalties {$13000.00} to {$27000.00} On XX/XX/XXXX DOJ adjusted False Claims Act penalties for XXXX and beyond. 88 FR 5776.. 

As a result, after XX/XX/XXXX False Claims Act Penalties, for conduct after XX/XX/XXXX, will be from {$13000.00} to {$27000.00}. 

= {$500000.00} + False Claims Act Penalties X XXXX = {>= $1,000,000}

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 non-monetary relief