Consumer complaint received 2023-05-18
Company: HYUNDAI CAPITAL AMERICA
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
The last response you gave me was that i am confused about my consumer rights and that i do not have the rights to opt of my personal information being shared to third party companies like XXXX XXXX and XXXX and you are so laughable for even insulting me. 
The provisions of 15 USC 6801 ( a ) require financial institutions to notify consumers of their information sharing practices and provide for a right to opt out of certain sharing.

In the above-mentioned Consumer Credit transaction , without giving me the opportunity to opt-out, your institution furnished my nonpublic personal information to nonaffiliated third parties ( ie XXXX, XXXX & XXXX ) XXXX 

According to 15 USC 6809 ( 4 ) ( A ). The term " nonpublic personal information '' means personally identifiable financial information 01 Provided by a consumer to a financial institution 2-Resulting from any transaction with the consumer or any service performed for the consumer ; or 3 Otherwise obtained by the financial institution.

Further, pursuant to 15 USC 6809 ( 5 ) the term " nonaffiliated third party '' means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. 

Therefore, as per the literal interpretation, the organization named XXXX, XXXX, and XXXX are nonaffiliated third parties and your institution has violated the provisions of 15 USC 6802.

In case your Company admits that the organization named XXXX, XXXX, and XXXX is affiliated, it has still violated the provisions of FCRA. 

PuUnder5 USC 1681a ( D ) ( 2 ) ( A ) ( iii ), the Consumer Report will not include any formation communicated among persons related by common ownership or affiliated by corporate control.

Further, 15, USC 1681a ( d ) ( 2 ) ( A ) ( iii ) states that if the Company wants to communicate other information among persons related by common ownership or affiliated by corporate control, it shall be clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer shall be given the opportunity to direct that such information not be communicated among such persons.

Therefore, your Company has not only infringed my right to privacy but also violated multiple Federal Laws.

I hereby request you to remove the below-mentioned information from my Consumer Report ; XXXX XXXX XXXX XXXX If you accept my request , I will not escalate this matter to a federal complaint. 


RE- Defamation of Character This is about the CFPB reply received XX/XX/2023 .While going through the response, I came to know that you are not complying correctly about a few inaccuracies and even some fraudulent information that was reported in it. Remember this is fraudulent because invasion of my privacy of you sharing my info with the third party companies. 

According to 15 USC 1681 ( a ) ( 2 ), an elaborate mechanism must be developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. 
Your Company falsely reported information that resulted in defamation of my character. Further, you created a deceptive form that made the creditors and employers believe that I was in debt, though you could not prove its validity. 
If the debts were valid you created a false impression that I was not able to pay the alleged debts. 
As a result, I was discriminated against a denied my right to extend credit. I also suffered emotional as well financial hardship .Therefore, your company is liable to 15 USC 1681o I hereby grant your company the opportunity to remedy this matter by doing the following things 1- Deletion from all consumer reports 2- pay as per the attached invoice Thank you for your cooperation.

Below is all the proof you need and i will hope you remove these accounts ASAP upon receiving Below I will attach me getting denied because of you below i will attach the consumer law that proves that i in fact do have that ability to choose opt out but you never gave me that option EVEN THOUGH I HAVE IN WRITING that you said i dont so REMOVE ASAP

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