Consumer complaint received 2023-09-15
Company: ALLY FINANCIAL INC.
State: TX
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Ally financial Account # XXXXDue to a violation including my Privacy of shared information for late payments that was shared with XXXX, XXXX, and XXXX. Under the Privacy Act of 1974 there was a violation on Ally Financial which discloses reported Transactions History to XXXX, XXXX, and XXXX, which I did not consent too. It is Illegal to report Transaction History According to the Privacy Act of 1974. Which is a violation with the Consumer Financial Protection Bureau. I am requesting Ally Financial to remove any and all late payments on Account # XXXX XXXX, XXXX, and XXXX and update the status to paid on time or I will be forced to report you to Consumer Financial XXXXrotection Bureau. `` 15 USC 6802 ( b ) ( c ) states that " A financial institution may 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. '' According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states. There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the 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. '' 15 USC 1681 section 604 a section 2 states that " In general 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. I am requesting Ally Financial to remove any and all late payments on Account # XXXX XXXX, XXXX, and XXXX and update the status to paid on time or I will be forced to report you to Consumer Financial Protection Bureau. `` 15 USC 1681C ( a ) ( 5 ) states '' 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 than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. The financial institution and the XXXX reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish Private Transactions of history late payments and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 
15 USC 6809 ( 4 ) ( a ) Non Public Personal information- A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed undersection 6804 of USC title 15. ) 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' 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. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out any and all authorization I the consumer may have given you written and unwritten verbal and non verbal per 15 USC 6802. I am requesting Ally Financial to remove any and all late payments on Account # XXXX with XXXX XXXX XXXX, and XXXX and update the status to paid on time or I will be forced to report you to Consumer Financial Protection Bureau. ``

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