Consumer complaint received 2023-12-08
Company: WELLS FARGO & COMPANY
State: DC
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 CreditReportingAct 15 USC1681 section 602 a states '' There is a need to insurethat consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and arespect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies andI am the consumer. I have the right tomake sure my private information isn't shared which is backed by 15 USC6801 which states '' It is the policy ofthe congress that each financial institution has an affirmative and continuing obligation to respect theprivacy of its customers and to protect the security and confidentiality of those customersnonpublic personalinformation. '' ( Furnisher of informationto credit agencies ) is a financial institution by definition under that title. 15 USC1681 section 604 a section2 states that " In general subject tosubsection ( c ), any consumer reporting agency may furnish aconsumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely donot have my written consent. Any and all consent to XXXX, XXXX, ( Furnisher ofinformation to credit agencies ) whetherit beverbal, non-verbal, written, implied or otherwise is revoked.

15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose non-public personal information to a non-affiliated third party unless the consumer is given an explanation of how the consumer can exercise thatnon-disclosure option. '' ( Furnisher of information to credit agencies ) Neverinformed me of my right to exercise my non-disclosure option. Not only that 15USC 1681C ( a ) ( 5 ) states '' Except as authorizedunder subsection ( b ), no consumerreporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records ofconvictions of crimes which antedates the report bymore than seven years. '' This account is an adverse item theyare reporting again without my permission which is against the law. 15 U.S.Code 1681s2 ( A ) ( 1 ) Astates " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonablecause 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 ofthis title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title.

Equifax and Experian are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that '' Aconsumer may exercise the right to opt out atany time. '' I am opting outof your reporting services.

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