Consumer complaint received 2023-12-23
Company: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: OK
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:
I wanted to update my earlier complaint but I was unable to so I am submitting a new complaint but it should be known that their is a previous complaint from the other day. This had the most pertinent information As per the Fair Credit Reporting Act, specifically 15 USC 1681 section 602 ( a ), it is emphasized that consumer reporting agencies must carry out their significant responsibilities with fairness, impartiality, and a regard for the consumer 's right to privacy. XXXX XXXX XXXX XXXX XXXX being consumer reporting agencies, and I, as the consumer, have the explicit right to ensure the protection of my private information, as supported by 15 USC 6801. This statute articulates the Congress 's policy that financial institutions have an ongoing obligation to respect the privacy of their customers and safeguard the security and confidentiality of their nonpublic personal information. 
Entities that furnish information to credit agencies, categorized as financial institutions, are bound by 15 USC 1681 section 604 ( a ) ( 2 ), which specifies that consumer reporting agencies may only provide a consumer report in accordance with the written instructions of the concerned consumer. The financial institution, XXXX, XXXX, XXXX and any furnisher of information to credit agencies, do not possess my consent to furnish this information, and certainly not my written consent. I hereby revoke any and all forms of consent, whether verbal, non-verbal, written, implied, or otherwise, to XXXX, XXXX, XXXX and any furnisher of information to credit agencies. 
Furthermore, as outlined in 15 USC 6802 ( b ) ( c ), a financial institution is prohibited from disclosing nonpublic personal information to nonaffiliated third parties unless the consumer is informed about the option to exercise nondisclosure. The furnisher of information to credit agencies failed to inform me of my right to exercise this nondisclosure option. Additionally, 15 USC 1681c ( a ) ( 5 ) explicitly prohibits consumer reporting agencies from including certain adverse information in consumer reports, especially without the consumer 's permission, which is the case with the account in question.

Moreover, 15 U.S. Code 1681s2 ( A ) ( 1 ) A emphasizes that information should not be furnished to consumer reporting agencies if there is knowledge or reasonable cause to believe that the information is inaccurate. XXXX and XXXX and XXXX are not adhering to reasonable procedures, as required by 15 U.S. Code 1681e, which mandates consumer reporting agencies to maintain procedures designed to avoid violations of specific sections and limit the furnishing of consumer reports to specified purposes.

In accordance with 15 U.S. Code 1681a - Definitions ; rules of construction, the term " consumer reporting agency '' is defined as any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in the practice of assembling or evaluating consumer credit information or other information on consumers to furnish consumer reports to third parties. Such entities use interstate commerce means or facilities to prepare or furnish consumer reports. The term " consumer '' specifically refers to an individual. 
Moreover, a " consumer report '' is defined as any written, oral, or other communication of information by a consumer reporting agency that pertains to a consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. 
It is crucial to note the exclusions outlined in 15 U.S. Code 1681a ( 2 ) ( A ) ( i ), which specifies that a report containing information solely about transactions or experiences between the consumer and the reporting entity is excluded. Consequently, reporting transaction history without proper authorization is deemed illegal. 
In light of these definitions and exclusions, it becomes evident that the actions of XXXX, XXXX, and any furnisher of information to credit agencies in reporting transaction history without my explicit consent are not only a violation of my rights as a consumer but also contravene the legal provisions established by the Fair Credit Reporting Act. This further reinforces my objection to the unauthorized sharing of my private information and underscores the need for immediate corrective measures. 
Finally, in accordance with 12 CFR 1016.7, I am exercising my right to opt out of your reporting services at this time.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation