Consumer complaint received 2023-09-15
Company: MARINER FINANCE, LLC
State: PA
Product: Payday loan, title loan, personal loan, or advance loan
Sub-product: Installment loan
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I am XXXX XXXX XXXX, a current resident of Pennsylvania. I am providing this letter to serve as evidence of my persistent attempt to mediate the ongoing issue with MARINER FINANCE LLC and myself. I have reached out to MARINER FINANCE LLC VIA USPS PRIORITY MAIL on several occasions requesting them to remove this account from my consumer report. I am not disputing that loan that I have with

MARINER FINANCE LLC. I am disputing their negligence with providing the appropriate electronic disclosures prior to closing loans with their customers. Prior to me obtaining a loan thru MARINER FINANCE LLC, I was unaware that there a finance companies are required to provide the Opt-Out disclosure form to its customers prior to first payment and at the initial signing of the loan documents. Under 12 CFR ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right ( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 1016.6 ( a ) ( 2 ) and ( 3 ) of this part, and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply. 
( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( j ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 1016.9 of this part Under 12 CFR 1016.9 ( a ) ( b ) ( 1 ) ( A ) : ( A ) In the case of financial institutions other than those described in 1016.3 ( l ) ( 3 ) of this part, post the notice on the electronic site and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service; or ( B ) In the case of financial institutions described in 1016.3 ( l ) ( 3 ), clearly and conspicuously post the notice on the electronic site and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service; I signed all of my documents electronically in the office located at XXXX XXXX XXXX XXXX PA XXXX on XX/XX/2023. On both occasions, the Sales consultant had their screen turned away from me during the signing. While I did sign MARINER FINANCE LLCs CREDIT AND CONTACT AUTHORIZATION FORM & DISCLOSURE REQUIRED UNDER AMENDMENTS TO THE FAIR CREDIT REPORTING ACT. I did not receive the opt-out form. MARINER FINANCE LLCs disclosures alleges that we the consumer can not opt out of credit reporting. When I left MARINER FINANCE LLC I was given paper copies of my loan documents I signed, along with additional information MARINER FINANCE LLC provides to their consumers. When you read their Privacy Policy under TO LIMIT OUR SHARING it states : We have the option to opt-out in small print and list their companys website to initiate this process ( exhibit enclosed ). I would like to reiterate that this option was not available to me at the time of signing the loan on XX/XX/2023. Leading me to believe that my private relationship with MARINER FINANACE would be forcibly shared with the credit reporting agencies. 

On XX/XX/2023, I sent a certified letter tracking number # XXXX to MARINER FINANCE LLC, LLC at XXXX XXXX XXXX XXXX XXXX, MD XXXX ; requesting to have the account removed from my consumer file and that my private information not be shared with the credit reporting agencies as I continue my relationship with MARINER FINANCE LLC ( exhibit enclosed ) As of XX/XX/2023, I had not received a response from MARINER FINANCE LLC LLC, nor has the account been removed from my consumer file. 

UPDATE FOR TODAY XXXX XXXX, XXXX. I RECEIVED A NOTICE ON MY CONSUMER FILE FOR A 60DAY LATE PAYMENT. Ive OPT-OUT of having my information shared through their website and sent them a letter. I should not have any late payments reporting to my consumer file with any of the consumer reporting agencies. 

Basis of dispute : 1. Violation Under 12 CFR ( a ) ( 1 ) Form of opt out notice.

2. Violation Under 12 CFR 1016.9 ( a ) ( b ) ( 1 ) ( A ) : 3. Violation of privacy under GRAMM-LEACH-BILEY ACT , TITLE V PRIVACY Subtitle ADisclosure of Nonpublic Personal Information : SEC. 501. 15 USC 6801 PROTECTION OF NONPUBLIC PERSONAL INFORMATION. ( a ) PRIVACY OBLIGATION POLICY.

( b ) FINANCIAL INSTITUTIONS SAFEGUARDS.

SEC. 502. OBLIGATIONS WITH RESPECT TO DISCLOSURES OF PERSONAL INFORMATION. ( a ) NOTICE REQUIREMENTS.

( b ) OPT OUT- 4. Violation 15 1681b ( 4 ) ( c ) ( 1 ) ( A ) Permissible purposes of consumer reports Proof of Harm : 1. This account is furnished on my credit report ( XXXX, XXXX and XXXX ). I am in the process of obtaining a pre-approval of a home and this effects my debt to income ratio. 
2. The late payment that has been reported has lowered my credit score significantly 3. My right to privacy has been violated by MARINER FINANCE LLC LLC. The protection of myself the consumer was not exercised due to the opt-out form not being furnished at the time of the loan signing.

4. MARINER FINANCE HAS DONE THIS TO MULTPLE CONSUMERS AS OUTLINED IN THE ATTORNEY GENERAL LAWSUIT ATTACHED CASE 2:22-cv-03253

Company response to consumer: Closed with explanation