Consumer complaint received 2023-01-31
Company: ALLY FINANCIAL INC.
State: MA
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:
Ally Financial ( hereby referred to as Ally ) has violated my federally protected consumer rights by illegally reporting my nonpublic personal information ( The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution ) to non-affiliated third parties ( XXXX, XXXX, XXXX ) they are in violation Pursuant to 12 CFR 1016.10 Limits on disclosure of nonpublic personal information to nonaffiliated third parties ( a ) ( 1 ) ( i ) ( ii ) ( iii ) and ( 3 ) and ( b ) ( 1 ) and ( 2 ) and 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods et seq, 15 USC 1681a Definitions ; rules of construction ( 2 ) ( a ) ( 1 ), and 15 USC 1681b Permissible purposes of consumer reports ( a ) ( 2 ).

Ally does not meet the requirements to report nonpublic personal information as defined by 12 CFR 1016.13 et seq, 1016.14, et seq and 1016.15 et seq Which are in accordance with 15 USC 6801 et seq, 6802 et seq, 6803 et seq by reporting to these non affiliated third parties without my written consent or without providing me a notice to opt out even after receiving notification of the aforementioned violations and others on XX/XX/2023 by certified mail # XXXX XXXX XXXX XXXX XXXX. 
No where in the Retail installment sale contract does it state that Ally may report anything to these non affiliated 3rd parties. 
Ally has also violated Truth-in Lending Act pursuant to 12 CFR 1026.4 Finance Charge ( a ), 12 CFR 360.6 Treatment of financial assets transferred in connection with a securitization or participation ( a ) ( 2 ) et seq, since the inception of the account which is defined under 12 CFR 1002.2 et seq as an extension of credit and the word account refers only to open-end credit. Open-end credit is defined via Truth-in-Lending 12 CFR 1026.2 which they were also notified of on XX/XX/2023 as of today XX/XX/2023 Ally has not corrected the situation which constitutes a Breach of fiduciary duty for failing to exercise care in carrying out duties pursuant to UCC 3-307 and 15 U.S.C. 1681n - Civil liability for willful noncompliance. 
Ally has failed miserably to protect my nonpublic personal information on seven ( 7 ) separate occasions and has done damage to my credit on seven ( 7 ) separate occasions and failed to send notice to opt out on seven ( 7 ) separate occasions this has caused me unnecessary mental stress with their refusal to correct the aforementioned violations and identity theft, that shows a blatant disregard for the laws and my right to privacy which should have been protected at all costs by Ally and not sold to these non-affiliated third parties.

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