Consumer complaint received 2024-11-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (MI)

I am writing to formally request the deletion of an account reported by XXXX XXXX XXXX from my credit report. I have identified significant legal and contractual concerns that undermine the enforceability of this account and its reporting to credit bureaus. The following points outline the issues with the contract, the reporting discrepancies, and the legal basis for this request under applicable laws and regulations : Unenforceability of Contract Due to Lack of Understanding ( UCC 1-103 ) The Uniform Commercial Code ( UCC ) requires that for a contract to be enforceable, both parties must fully understand and agree to the terms. In this case, I did not have a full understanding of the terms embedded within the agreement, which included complex provisions that were not transparently disclosed. As per UCC 1-103, if there was no clear understanding, the contract lacks enforceability. Given the complexity and the lack of transparent disclosure, I am requesting that the account be removed from my credit report. 

Misclassification as an Auto Loan Rather Than a Retail Installment Contract The Consumer Financial Protection Bureau ( CFPB ) differentiates between an " auto loan '' and a " retail installment contract '' ( RIC ), the latter being a specific form of agreement distinct from a loan. In my case, the document is a " retail installment contract, '' yet it is being reported inaccurately as an auto loan on my credit report. This reporting discrepancy is misleading, as the terms and conditions of a retail installment contract are not equivalent to those of a standard loan. Under CFPB guidelines and reporting requirements, misclassification can harm consumer credit, further supporting my request for removal of this account from my report. 

Use of XXXX Model Sales Form as Proof That This Is Not a XXXX The agreement I signed is formatted as an XXXX Model Sales Form, which is specifically used for retail installment sales contracts, not loans. A true loan would follow a " loan sale format, '' not a retail installment sales format. The use of this form further clarifies that this contract is not structured as an auto loan but as a retail installment contract. Under TILA ( Truth in Lending Act ) regulations, different disclosures apply depending on the type of agreement. Misrepresentation of this agreement as a loan on my credit report is both inaccurate and misleading, as it does not follow the regulatory standards for a loan format. 

Privacy Policy Form States No Reporting of Creditworthiness The privacy policy associated with this contract explicitly states that XXXX XXXX XXXX  does not report information related to my creditworthiness. However, despite this statement, the company has been reporting information that directly affects my creditworthiness to the credit bureaus, which is inconsistent with their stated policy. This action is deceptive and fails to meet standards under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., which mandates accurate reporting. Given this contradiction, I request the removal of this account due to the misleading nature of the privacy policy and its impact on my credit report. 

Failure to Provide Opt-Out Rights Under TILA, U.S.C., and CFR The Truth in Lending Act ( TILA ), along with other federal privacy regulations under the U.S. Code ( U.S.C. ) and Code of Federal Regulations ( CFR ), mandates that consumers are provided with an option to opt out of certain types of data sharing and reporting. I was not provided with a clear, accessible opt-out option as required by TILA ( 15 U.S.C. 1601 ), Gramm-Leach-Bliley Act ( GLBA ) ( 15 U.S.C. 6802 ( b ) ), and FCRA ( 15 U.S.C. 1681b ). This omission directly affects my rights and renders the reporting of this account unauthorized under federal law. 

Inconsistency in Creditor Name on Agreement and Credit Report The creditor listed on the original contract is not the same as the entity currently reporting on my credit report. This discrepancy causes confusion and misrepresents the actual creditor responsible for the debt. Under FCRA ( 15 U.S.C. 1681s-2 ), accurate reporting of creditor information is required to ensure that consumers are not misled. This inconsistency justifies the removal of the account from my credit report. 

Undisclosed Sale of Contract to XXXX XXXX The sale of the contract to XXXX XXXX XXXX was not adequately disclosed to me, and the transaction was hidden within the terms of the agreement. The Truth in Lending Act ( TILA ) and Consumer Financial Protection Act ( CFPA ) ( 12 U.S.C. 5536 ( a ) ( 1 ) ( B ) ) require clear disclosure of any transfers or sales of consumer contracts to ensure the borrower is fully informed. By concealing this sale, XXXX XXXX did not fulfill its disclosure obligations, impacting my understanding of the contract.