Consumer complaint received 2022-08-11
Company: NAVY FEDERAL CREDIT UNION
State: NC
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Demand Letter Regarding financial institutions and the privacy of a consumers nonpublic information, Congress has enacted laws to protect such information from abuse and misuse. Under the Privacy Obligation Policy and pursuant to 15 USC 6801 ( b ) it states that you are obligated to ensure the security and confidentiality of customer records and information and to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. You broke this law because you did not ensure the security and confidentiality of my personal records and as a result of this breach of public trust my right to privacy was grossly injured. 
15 USC 6821 states that it is a violation of my right to privacy for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person. You broke this law by disclosing my nonpublic customer information to a nonaffiliated third party.

15 USC 6809 4 ( a ) describes nonpublic personal information in pertinent part as personally identifiable financial information.

12 CFR 1016.10 conditions for disclosure states ; Except as otherwise authorized in this part, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless you have provided to the consumer an initial notice, a notice to opt out and reasonable opportunity to do so before you disclose nonpublic personal information about that consumer to a nonaffiliated third party. You broke this law because I never received any notice of my right to opt out, nor did you give me reasonable opportunity to opt out before you unlawfully reported my nonpublic personal information to a nonaffiliated third party. 
An affiliate means a company that controls, is controlled by, or is under common control with another company. Does the relationship between NAVY FEDERAL CR UNION and the various credit reporting agencies including but not limited to ; XXXX, XXXX, XXXX and XXXX fall under the federal definition of an affiliate with authorized access to private consumer banking information? I allege that it does NOT in any capacity! 
15 USC 6809 ( 5 ) describes a nonaffiliated third party as any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control. 
Recently, I looked over my consumer reports furnished by XXXX, XXXX, XXXX and XXXX to which I allege are ALL nonaffiliated third parties as defined by federal statute. These reports contain my private nonpublic information furnished to them by NAVY FEDERAL CR UNION. Personal consumer banking information such as dates of opened financial accounts, types of financial accounts, payment amounts, payment history, balances, account numbers and credit limits are being reported to these nonaffiliated third parties WITHOUT MY CONSENT and you are breaking the law. 
At the time of establishing a customer relationship, federal law requires you to disclose your policies and practices with respect to the protection and sharing of a consumers private information with nonaffiliated third parties pursuant to 15 USC 6803 ( a ) ( 1 ). Also, pursuant to 12 CFR 1016.10 ( a ) ( 1 ) ( 3 ) you never informed me of my right to opt out of such reporting. You broke these laws because I never received any of the forementioned statutorily mandated notices of disclosure. 
This serves as my written demand for you to opt me out of reporting any of my nonpublic information concerning the two subject matter accounts stated above to nonaffiliated third parties and for you to cease and desist all reporting of these alleged accounts to which I expressly dispute the validity of. 
I demand to see the written authorization signed by me expressly giving you the permission to share my confidential information with ANY nonaffiliated third party. I also demand to see the contract you have on record showing verbiage in plain language and bearing my signature granting you the expressed authority to share my nonpublic information. Consumer reporting agencies are notorious for unlawfully selling PRIVATE consumer information to other nonaffiliate third parties without consent and you are an accomplice to these unlawful acts and the encroachment upon my fundamental rights to privacy. 
I did not consent neither expressed or implied to my private banking information being released and shared in any capacity to any nonaffiliate third party. The unlawful, non-permissible reporting of these alleged, unvalidated accounts which are fundamentally private in nature have grossly injured me and I demand they be removed immediately from all consumer reporting agency records. The reporting of the two subject matter accounts and the damages they have caused has given creditors an unjust advantage against me. I have been denied access to credit, loans, fair interest rates, usage of credit-based goods and services. I have also been denied housing for myself and family due to this violation of my right to privacy, and it will be reported to the Consumer Financial Protection Board. It is also my intent to file suit in Federal Court for monetary damages against your company for the infringement and total disregard of my consumer rights. 

Respectfully, XXXX XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief