Consumer complaint received 2024-09-14
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: ALLY FINANCIAL INC. (UT)

Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, Section 602 ( a ) states : " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. '' As XXXX and XXXX are consumer reporting agencies, and I am the consumer, I am exercising my right to ensure that my personal information is not shared. 

This is further supported by 15 U.S.C. 6801, which states : " It is the policy of Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and protect the security and confidentiality of their nonpublic personal information. '' As the furnisher of information to these credit agencies, you are defined as a financial institution under this statute. 

Additionally, 15 U.S.C. 1681, Section 604 ( a ) ( 2 ) states that " A consumer reporting agency may furnish a consumer report only under the following circumstances : in accordance with the written instructions of the consumer to whom it relates. '' Neither XXXX, XXXX, nor the furnisher of this information has my consent, written or otherwise, to share my personal information. Any previous consent, whether verbal, written, implied, or otherwise, is herby revoked. 

I have already provided the relevant laws and made it clear that I am no longer accepting this practice, as you have failed to provide the necessary information upfront. I also revoke any previously granted Power of Attorney ( POA ), to which you responded by claiming you still have the right to report false information about my account to the credit bureaus. This is false, and I do not consent to any further reporting. 

Moreover, Ally Financial has been misrepresenting the status of my payments. I have sent every monthly instrument as directed by 31 CFR 328.6 ( Requirements for Endorsement ) and the Uniform Commercial Code ( UCC ). It is within my legal right to follow these laws. Despite this, Ally Financial has rejected my payments, even after I provided proof of delivery with a signed green receipt confirming acceptance. This is a clear violation of the law and demonstrates bad faith in your dealings with me. 

Further, 15 U.S.C. 6802 ( b ) ( c ) outlines that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is provided with a clear explanation of how to opt out. I was not informed of my right to opt out, which is a violation of this provision. 

Additionally, 15 U.S.C. 1681C ( a ) ( 5 ) prohibits a consumer reporting agency from reporting adverse information that is more than seven years old, with limited exceptions. This account, being reported without my consent, is an adverse item, which is unlawful. 

Under 15 U.S.C. 1681s ( A ) ( 1 ) ( A ), it is also stated that " 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. '' Lastly, 12 CFR 1016.7 specifies that " A consumer may exercise the right to opt out at any time. '' I am not formally opting out of your reporting services and request immediate compliance with the applicable laws. 

Given that I have exercised my rights and revoked all consent, I expect my credit to be corrected immediately. Any inaccurate or unauthorized reporting must be removed without delay.