Consumer complaint received 2024-08-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (SC)

This is an update to file @ XXXX. 

We just received the attached from XXXX XXXX. They are claiming they are. a specialty reporting agency. 

That claim will not fly. There is already precedent on the federal level. XXXX XXXX XXXX Federal Trade Commission. In this trial, XXXX XXXX XXXX same thing. But the court shuck them down with the GLBA. 

XXXX XXXX XXXX XXXX, a " credit reporting agency '' ( CRA ) under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., challenges regulations promulgated by the Federal Trade Commission ( FTC ) and other federal agencies to implement the privacy provisions of the Gramm-Leach-Bliley Act ( GLBA ), Pub.L. No. 106-102, 113 Stat. 1338 ( 1999 ) ( codified at 15 U.S.C. 6801 et seq. ). XXXX XXXX contends the regulations unlawfully restrict a CRA 's ability to disclose and reuse certain consumer information because ( 1 ) a CRA is not a " financial institution '' subject to the FTC 's rulemaking authority under the GLBA ; ( 2 ) the regulations ' definition of the statutory term " personally identifiable financial information '' ( PIFI ) is overbroad ; ( 3 ) the regulations ' restrictions on reuse of information are inconsistent with the GLBA ; and ( 4 ) the challenged regulations infringe XXXX XXXX 's right of free speech under the First Amendment to the United States Constitution. The district court rejected these challenges and upheld the regulations. For the reasons set out below, we affirm the district court 's decision.

XXXX XXXX  is claiming they are NOT govern this this LAW! They claim to be special! No company in the US had this privilege. 

And Bank of America is at fault because of 15 USA 6802. BOA claims it's in the paperwork upon signing for a new checking account. The representative did not provide me this rights granted by Congress : ( a ) Notice requirements Except as otherwise provided in this sub chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

Quite frankly, we don't care what's on page six, the banking representative did not explain nor did they offer us the OPT OUT opportunity. And that is a clear violation of this act. 

We feel so strongly in 15 USA 6802 and the Gramm-Leach-Bliley Act that we are prepared to litigate if this issue is not resolved in our favor here.