Consumer complaint received 2024-10-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Ava Finance, Inc (NY)

Exclusion of consumer report is any report containing information solely as to transactions or experiences between the consumer and the person making the report ; unless its a report subject to section 1681s3 of the the FCRA, Application information is Information that goes beyond a reporting entity 's transactions or experiences with a consumer as described https : //www.ftc.govXXXX  i gave you my social security number, which is a credit card pursuant to the truth in lending and information i gave to you on a application. Being that you exceeded beyond sharing transactions and experiences you are acting a consumer reporting agency and a consumer reporting agency can only furnish a report on behalf of a consumer pursuant to 604 ( a ) ( 2 ) with the written consent of the consumer to who it relates, FTC gave us examples of consent as shown https : //www.ftc.gov/XXXX XXXX. CONSUMER INSTRUCTION A consumers written consent qualifies as an instruction that provides a permissible purpose under this section if it clearly authorizes the issuance of a consumer report on that consumer. 109 For example, a consumers clear and specific written statement that I authorize you to procure a consumer report on me provides a permissible purpose under this section. However, the consumers signature on a form that includes the statement I understand that where appropriate, credit bureau reports may be obtained is not a sufficiently specific instruction from the consumer to authorize a CRA to provide a consumer report. This language is more in the nature of a notification that a consumer report might be procured, as opposed to a grant of permission to obtain the consumer XXXX XXXX. WRITTEN AUTHORIZATION A consumer may transmit written authorization electronically or by facsimile, in addition to regular mail or in person.111 The Electronic Signatures in Global and National Commerce Act ( ESIGN ) ( 15 U.S.C. 7001 et seq., Public Law 106-229 ; XX/XX/year> ) provides that a consumers consent is not invalid merely because it is communicated in electronic form. A consumers electronic signature XXXX be an acceptable method of providing written instructions under the FCRA. To be valid under the XXXX XXXX, electronic authorization must be in a form that can be retained and retrieved in a perceivable form. Whether an e-mail, a mouse click yes, or other electronic means clearly conveys the consumers instructions depends on the specific facts. 

Pursuant to 616 your liability for willful noncompliance of the FCRA in regards to 604 ( a ) ( 2 ) holds you liable to i the consumer {$1000.00} in remedy owed for set failures to comply with the FCRA which causes damages Pursuant to 617 your liability for negligent noncompliance of the FCRA in regards to 604 ( a ) ( 2 ) holds you liable to i the consumer {$1000.00} in remedy owed for set failures to comply with the FCRA which causes damages Application information is also described under The Privacy of Consumer Financial Information Nonpublic personal information pursuant to 12 CFR 1016.3 ( p ) ( 1 ) ( i ) means Personally identifiable financial information ; Personally identifiable financial information pursuant 12 CFR 1016.3 ( q ) ( 1 ) ( i ) means any information : i as consumer provides to you to obtain a financial product or service from you, i gave you my social security number, which is a credit card pursuant to the truth in lending act and non public personal information you used in conjunction to create a report of descriptions based on my transactions and YOUR companies experiences with my accounts, to share my information to specifically identify i the consumer which is beyond your authority and created a consumer report under the FCRA the XXXX speaks about non public personal information shared. In regards to your privacy policy General exceptions of non requiring opt out notice does not apply to sharing nonpublic information to a consumer reporting agency pursuant 15 U.S. Code 6802 ( e ) ( 6 ) ( A ) because the way you shared the information is not in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], the XXXX  does not supercede the FCRA and due to the fact the XXXX  may permit certain actions the FCRA does not permit the same actions you need permissible purpose to furnish a report on my behalf I am opting out of all possible measures of my information being used under the XXXX, pursuant to the FCRA im a giving written instructions to remove all my.account information from all consumer reporting agencies, With Explicit Reservation of all Right, Without Prejudice UCC 1-308. 
XXXX XXXX