Consumer complaint received 2023-10-10
Company: BARCLAYS BANK DELAWARE
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:
According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress 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. '' XXXX XXXX XXXX XXXX Barclays Bank are financial institutions by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' XXXX XXXX XXXX XXXX Barclays Bank, the financial institutions and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, and XXXX XXXX  whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX XXXX XXXX Barclays Bank never informed me of my right to exercise my nondisclosure option. Not only that but it states in 15 USC 1681C ( a ) ( 5 ) " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.

CAL CODE OF CIVIL PROCEDURE 337. Written obligation ; Four years, Cal Code Civ Proc 337 Within four years : ( a ) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a ; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage.

( b ) An action to recover ( 1 ) upon a book account whether consisting of one or more entries ; ( 2 ) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing ; ( 3 ) a balance due upon a mutual, open and current account, the items of which are in writing ; provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.

( c ) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time shall not begin to run until the representation becomes false.

( d ) When the period in which an action must be commenced under this section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. The period in which an action may be commenced under this section shall only be extended pursuant to Section 360.

Californias Statute of Limitations on Debt The statute of limitations on debt in California is four years, as stated in the states Code of Civil Procedure 337, with the clock starting to tick as soon as you miss a payment. The limitations period begins to run as soon as the cause of action accrues ; that is, from the occurrence of the last element essential to the cause of action. ( Neel v. Magana, Olney, Levy, Cathcart & Gelfand ( 1971 ) 6 Cal.3d 176, 187. ) Reporting this misinformation is attacking my character as a natural person and is in direct violation of my rights as a consumer stated in : FCRA 15 USC section 602, 15 USC 6801, 15 USC 1681 section 604 a section 2, 15 USC 6802 ( b ) ( c ), 15 USC 1681C ( a ) ( 5 ), 15 U.S. Code 1681s- 2, 15 U.S. Code 1681 e, 12 CFR 1016.7, and CAL CODE OF CIVIL PROCEDURE 337. Written obligation ; Four years

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