Consumer complaint received 2023-12-19
Company: WELLS FARGO & COMPANY
State: FL
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:
To Whom It May Concern : I have recently obtained a copy of my credit report and observed that you reported to the credit reporting agencies my private consumer transactions history and experiences with your company. This is a clear violation of my consumer right ; I hereby request the immediate removal of the account in question from my consumer report. 
The reporting of this account is a clear violation of 15 USC 1681a, The Fair Credit Reporting Act [ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; So let me explain. Under the Truth in Lending Act 15 USC 1602 ( l ), credit card is defined as the following : 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. This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit. I demand these accounts be deleted from my consumer report. 
15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; My transactions and experiences with your company are excluded from the consumer report. You have no right to furnish my transactions and experiences when the law clearly states that this information is excluded from my consumer reports. 
Additionally, Per the FCRA, as a federally protected consumer, I am now opting out of any and all authorization I, the consumer, may have given you, written, unwritten, verbal and nonverbal per 15 USC 6802.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) OPT OUT ( 1 ) IN GENERAL A 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 option. There is a clear violation of the law. I need proof that the consumer credit reporting agencies are an affiliate of your company I have never given the opportunity to exercise my rights under the provisions of this law. Furthermore, 16 CFR 313.7 clearly states that you are required to provide clear and conspicuous opt out notice. 16 CFR 313.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( 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. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. 
You have failed to comply with all the laws mentioned above. I have never given the opportunity to exercise my rights under the provisions of these law. Not only I am opting out from all or any authorization I, the consumer, may have given you, whether it was written, unwritten, verbal and nonverbal, I am also requesting that you cease and desist immediately all illegal activities. Finally, you required to contact the consumer reporting agencies to update my consumer credit profile accordingly specially for the late payments you have reported or any other transactions history or experiences I have with your institution, please have them fix these violations. 
Best regards,

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