Consumer complaint received 2024-08-12
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)

Again, the CFPB does not apply us to update or add information to a current complaint. 

So we had to file this one for sure. 

Bank of America had no right to provide my personal or business activity to any third party naming XXXX XXXX with is a company that co own with a few other banks. Nor did they provide me an opportunity to opt out. Nor was this information explained to me in detail upon the signing of our various accounts. 

But this issue has precedent : XXXX XXXX FTC citation : XXXX XXXX XXXX ( XXXX XXXX. XXXX ) 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. 

The FCRA defines a CRA as any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 

I. 

The Congress enacted the GLBA in order " [ t ] o enhance competition in the financial services industry, '' Pub.L. No. 106-102, 113 Stat. at 1338, by " eliminat [ ing ] many Federal and State law barriers to affiliations among banks and securities firms, insurance companies, and other financial service providers, '' H.R. Conf. Rep. No. 106-434 at 1, 151 ( 1999 ), U.S. Code Cong. Admin. News at 245, 246. Title V of the GLBA contains a number of provisions designed to protect the privacy of " nonpublic personal information '' ( NPI ) that consumers provide to financial institutions, see 15 U.S.C. 6801- 6809, reflecting " 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, '' 15 U.S.C. 6801 ( a ). The GLBA restricts the ability of a " financial institution '' to disclose NPI to a non affiliated third party by requiring ( subject to certain exceptions not pertinent here ) that the financial institution provide the consumer with notice of the institution 's disclosure policies and the opportunity for the consumer to " opt out '' of disclosure. Id. 6802 ( a ) - ( b ), ( e ). The GLBA further mandates that an unaffiliated third party recipient of NPI " shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. '' Id. 6802 ( c ).

Therefore, Bank of America had no rights under this ACT to provide my personal information again to a third party that they have a financial gain. They co own XXXX XXXX with other banking entities. 

This reporting of private information is illegal.