Consumer complaint received 2022-09-30
Company: OneMain Finance Corporation
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
One Main is violating my rights as a consumer. I am putting the company on notice, giving them a chance to cure or be faced with civil liabilities. Let me list the violations. 

I want account XXXX deleted from my consumer report for violations of federal law. 
Loan balance XXXX XXXX Main is violating law 15usc 1681a ( d ) ( 2 ) ( B ) ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), 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 ; The term credit credit which is a social security card that is used under Truth and Lending is defined as a Credit Card. 

15 U.S. Code 1602 - Definitions and rules of construction ( l ) 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. 

The law clearly states any authorization or approval of a specific extension of credit as a result of a credit card device ( social security card ) is excluded from a consumer report. 

Another violation is under the Gramm-Leach-Bliley Act. Discloses are to be given to the consumer which I never have been given by One Main and all conditions have to be met in order for One Main to disclose my non public personal information to non affiliated third parties ( consumer reporting agencys ). I want the company to prove all conditions were met by being producing these disclosers. 

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title ( 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. 

In addition the Federal Trade Commission states on their government website that these discourses are to be given to the customer yearly. There are multiple accounts being reported by One Main and I have yet to receive any disclosures pertaining to accounts being reported. The Federal Trade Commission states without proper consent according to the law it is fraud or identity theft under 18 U.S. Code 1028- Fraud and related activity in connection with identification documents, authentication features, and information. 

Under GLBA, penalties for non-compliance can include fines of up to {$100000.00} per violation, with fines for officers and directors of up to {$10000.00} per violation. 

I will be submitting a complaint to the FTC against One Main for non compliance.

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

Company response to consumer: Closed with explanation