Consumer complaint received 2023-12-14
Company: WELLS FARGO & COMPANY
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
The Fair Credit Reporting Act ( FCRA ) emphasizes the importance of consumer reporting agencies handling consumer information with fairness, impartiality, and respect for privacy. This mandate is clearly stated in XXXX XXXX XXXX Section XXXX ( a ), which declares the need for " consumer reporting agencies to exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. '' As a consumer, I have the right to protect my private information from being shared, as outlined in XXXX XXXX XXXX. This section states that " It is the policy of the XXXX 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. '' Notably, the " furnisher of information to credit agencies '' qualifies as a financial institution under this statute. 

Furthermore, XXXX XXXX XXXX Section XXXX ( a ) ( XXXX ) restricts the circumstances under which consumer reporting agencies like XXXX and XXXX can furnish consumer reports. This section explicitly states : " In general, subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' nor the furnisher of information, possess written consent from me to access my personal information. Therefore, any form of implied or verbal consent, written or otherwise, is hereby revoked. 

Moreover, XXXX XXXX XXXX ( b ) ( c ) requires financial institutions to inform consumers about their " nondisclosure option '' before disclosing nonpublic personal information to unaffiliated third parties. However, the furnisher of information failed to inform me of this right. Additionally, XXXX XXXX XXXX ( a ) ( XXXX ) prohibits consumer reporting agencies from including " other adverse item [ XXXX ] of information, '' other than criminal convictions exceeding XXXX years, in consumer reports. This provision directly contradicts the inclusion of outdated negative information on my report without my permission. 

In conclusion, the actions of Early Warning, and the furnisher of information clearly violate the Fair Credit Reporting Act and my right to privacy. I demand immediate rectification of this situation, including the removal of unauthorized information from my credit report and adherence to the legal requirements outlined in the aforementioned statutes as well as XXXX $ per violation of the FCRA. 



Unauthorized Credit Inquiries and Inaccurate Reporting : Unauthorized Inquiry - //X ) : Violation : Unauthorized credit inquiry ; Fair Credit Reporting Act ( FCRA ) XXXX. Permissible purposes of consumer reports [ XXXX XXXX. XXXX ] Unauthorized Inquiry - //X ) : Violation : Unauthorized credit inquiry ; FCRA XXXX XXXX - Permissible purposes of consumer reports. Inaccurate XXXX ( Account XXXX : ) : Violation : XXXX inaccurate payment history ; FCRA XXXX. Compliance procedures [ XXXX XXXX. XXXX ] - Compliance procedures regarding accuracy and integrity of information. Inaccurate Reporting ( Account Number : ) : Violation : Reporting inaccurate payment history ; FCRA XXXX XXXX - Compliance procedures regarding accuracy and integrity of information. Unverified Accounts on My Credit Report : Unverified Account - ( Account Number : ) : Violation : Unverified account ; Fair Debt Collection Practices Act ( FDCPA ) Section XXXX. False or misleading representations. Unverified Account - ( Account Number : ) : Violation : Unverified account ; FDCPA XXXX XXXX [ XXXX XXXX XXXX ] - False or misleading representations. Unverified Account - ( Account Number : ) : Violation : Unverified account ; XXXX XXXX Code XXXX - Protection of nonpublic personal information XXXX XXXX Code XXXX - Obligations with respect to disclosures of personal information XXXX XXXX Code XXXX - Enforcement XXXX CFR Part XXXX - PART XXXX OF CONSUMER FINANCIAL INFORMATION XXXX Form of opt out notice to consumers ; opt out methods. 
XXXX XXXX XXXX Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 
XXXX added to your report without your written consent could be considered Identity theft XXXX CFR XXXX Purpose and scope. 
XXXX XXXX XXXX Initial privacy notice to consumers required XXXX XXXX XXXX Form of opt out notice to consumers ; opt out methods Privacy Act of 1974 ( XXXX XXXX Code XXXX Personal Impact : These infractions have far-reaching effects that go beyond the financial setbacks including lose of job opportunities, denial of Housing and psychological distress they inflict. I have been unable to provide a stable environment for my family. Now 5 years of homelessness I'm looking for security and a fresh start. Unfortunately, the errors and disputed accounts on my credit record have turned this fantasy into a crippling ordeal. My family has been severely hampered by the difficulty to obtain advantageous financing, and my cosigner has suffered greatly as a result of excessive draft fees. keeping a loop of uncertainty alive and causing XXXX. This experience has diminished our emotional resilience and put our financial stability in jeopardy, which lessens the likelihood that things will get better in the future. 
Action : Given the recorded transgressions and the upsetting effects on my life, I beg the Consumer Financial Protection Bureau to take action and make these violations right. I fervently ask that the unlawful credit inquiries be stopped, that false information be corrected in reports, that the unverified accounts be thoroughly investigated, and that there be a monetary remedy provided for the aforementioned infraction. I think that consumer protection legislation have the ability to guarantee fair and just financial practices. By taking action against these infractions, you protect the integrity of credit reporting systems for all customers while simultaneously helping to restore my financial stability. I value your consideration of this issue and look forward to a thorough conclusion that upholds consumer rights and advances financial justice of XXXX $ per violation of the FCRA.

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