Consumer complaint received 2023-02-23
Company: TD BANK US HOLDING COMPANY
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
On XX/XX/2023 I contacted TD Auto Finance through correspondence regarding account # XXXX. After carefully reviewing the contract I noticed there was numerous violations regarding the disclosures and the exclusions for credit reporting under 15 USC 1681 i ( 2 ) ( b ). Under truth in lending 15 USC 1602g specifically states what is excluded from credit reporting. Please see the affidavit of truth USPS tracking # XXXX TD Auto Finance also violated the Gramm-Leach Billey Act with respect to 15 USC 6802 obligations with respect to personal information. This complaint deals with an Auto dealer that assigned the retail installment contract and inside the contract the following violations are the responsibility of TD Auto Finance along with XXXX XXXX XXXX. The following is in the contract : Notice any holder of this consumer credit contract is subject to all claims and defenses which the debtor can assert against the seller of good or services obtained pursuant to or with the proceedings hereof recovery here under by the debtor should not exceed the amount paid by the debtor hereunder. Please see Exhibit of the contract with the correspondence. TD Auto Finance knowingly and intentionally with a deliberate indifference is violating my consumer protection rights under the Fair Credit Reporting Act for failure to conduct a proper investigation and submit my affidavit of truth to their law department to verify the violations. On previous correspondence they are stating that their credit reporting is accurate. I have never given them consent to report anything on my credit report- more specifically they violated 15 USC 6802 with obligations with respect to disclosures of personal information in the statue it states clearly that I have a right to opt out as follows : 1 In General financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless -- ( A ) 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.

( B ) 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 third party; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure item. 

XXXX XXXX XXXX did not disclose this information to me that is required by federal law. 
XXXX XXXX XXXX knowingly and willfully withheld pertinent information regarding the disclosure of my information to affiliated and unaffiliated third parties. 
XXXX XXXX XXXX knowingly and willfully withheld information that explained how the consumer can exercise that nondisclosure option. 

I am requesting that the consumer financial protection bureau force them to comply with the law and provide me the full disclosures that are guaranteed under the fair credit reporting act and congressional findings and statement of purpose under 15 USC 1681a Also, XXXX XXXX XXXX are responsible for these violations as well.

Company response to consumer: Closed with explanation