Consumer complaint received 2021-02-02
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
Institutions covered by the Gramm-Leach-Bliley Act must tell their customers about their information-sharing practices and explain to customers their right to " opt out '' if they don't want their information shared with certain third parties. Pursuant to the Gramm-Leach-Bliley Act and 15 USC 6802 ( b ) ( 1 ) A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- such financial institution clearly and conspicuously DISCLOSES to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such a third party ; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Notice, congress said that the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such a third party and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The fact that I was never given an explanation of how I can exercise that nondisclosure option is immediate grounds for removal. 
The Privacy Rule applies to businesses that are " significantly engaged '' in " financial activities '' as described in section 4 ( k ) of the Bank Holding Company Act. Your activities determine whether you are a " financial institution '' under the Privacy Rule. According to the Bank Holding Company Act provision and regulations established by the Federal Reserve Board, " financial activities '' include : lending, exchanging, transferring, investing for others, or safeguarding money or securities. These activities cover services offered by lenders, check cashers, wire transfer services, and sellers of money orders. 
providing financial, investment or economic advisory services. These activities cover services offered by credit counselors, financial planners, tax preparers, accountants, and investment advisors. 
brokering loans. 
servicing loans. 
debt collecting. 
providing real estate settlement services. 
career counseling ( of individuals seeking employment in the financial services industry ). 
The Gramm-Leach-Bliley Acts notice and opt out provisions are in addition to the obligations imposed by the Fair Credit Reporting Act ( FCRA ). If the FCRA currently requires that you make clear and conspicuous disclosures to your consumers regarding your sharing of certain information ( such as consumer report and application information ) with your affiliates, you must continue to do so. The GLB Act requires these disclosures to be made as part of any privacy policy you give to your consumers or customers. 
I did not receive the initial privacy and opt out notices or annual notices as required by law from any of the listed accounts. Pursuant to 16 CFR 313.9 Delivering privacy and opt out notices subpart ( e ) Retention or accessibility of notices for customers - ( 1 ) For customers only, you must provide the initial notice required by 313.4 ( a ) ( 1 ), the annual notice required by 313.5 ( a ), and the revised notice required by 313.8 so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically. 
Generally, financial institutions are not considered to function as consumer reporting agencies ; however, depending on the degree to which their information sharing business practices approximate those of a consumer reporting agency, they can be deemed as such. A person, including a financial institution, may share information strictly related to its own transactions or experiences with a consumer ( such as the consumers payment history, or an account with the institution ) with any third party, without regard to affiliation, without becoming a consumer reporting agency. This type of information sharing may, however, be restricted under the Privacy of Consumer Financial Information regulations that implement the GrammLeach-Bliley Act ( GLBA ) because it meets the definition of non-public personal information under the Privacy regulations ; therefore sharing it with non-affiliated third parties may be subject to an opt out under the privacy regulations. In turn, the FCRA may also restrict activities that the GLBA permits. For example, the GLBA permits a financial institution to share a list of its customers and information such as their credit scores with another financial institution to jointly market or sponsor other financial products or services. This communication may be considered a consumer report under the FCRA and could potentially cause the sharing financial institution to become a consumer reporting agency.

Pursuant to 15 USC 1681 a ( 2 ) ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device Should be excluded from a consumer report. The definition of a credit card under 15 USC 1681 is the same as it is under 15 USC 1602 ( I ) which is the term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining, money, property, labor or services on credit. Notice, Congress said ANY card. The credit card is my social security card. This is the credit card I used to originate every consumer credit transaction below. They should all be removed from my consumer report pursuant to 15 USC 1681 a ( 2 ) ( B ). I am demanding that you remove these Transactions from my report immediately as they are a violation of my rights as a federally protected consumer under title 15 Chapter 41. 
Congress has also advised against the request, disclosure, and use of social security numbers as a unique identifier for records or in the issuance of credit for any purpose outside of Public Health and Welfare ( Social Security Retirement ) disclosures and uses. The Social Security Act in codified chapter 42 U.S. Code 408. Penalties ( 8 ) In general Whoever discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States ; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both ; Notice, 15 U.S. Code 1681 - Congressional findings and statement of purpose regarding Accuracy and Fairness of Credit reporting provides ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) 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. 
Pursuant to 15 USC 1681b - Permissible purposes of consumer reports ( a ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the CONSUMER to whom it relates. I, XXXX XXXX XXXX never gave XXXX, Transunion, and XXXX any written consent to report anything on my consumer report, No consent is IDENTITY THEFT. A copy of FEDERAL LAW is attached with this dispute letter. 
Accounts 1. XXXX Account Number : XXXX 2. XXXX  XXXX Account Number : XXXX 3. XXXX ( Original Creditor : XXXX XXXX XXXX XXXX XXXX - HIPAA Account Number : XXXX XXXX XXXX  ( Original Creditor : XXXX XXXX XXXX  ) Account Number : XXXX REMOVE UNAUTHORIZED Inquiries attached to this notice. 

XXXX XXXX XXXX XXXX XXXX XXXX  XX/XX/2020 XXXX  XXXX XXXX XX/XX/2020 TransUnion XXXX - XX/XX/2020 XXXX

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