Consumer complaint received 2024-08-08
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (FL)

On XX/XX/XXXX TransUnion responded to my investigative dispute with XXXX XXXX  XXXX and verify the information was correctly reported but I have a 1099C copyB showing obligation was discharged and claim as personal income on my tax return for XXXX raising my taxable income and also raising my tax liability. The XXXX XXXX XXXXXXXX account should be updated as paid as agreed or paid in full. Also, TransUnion investigation was not according to law. I have provided the codes and statues covering investigative disputes..16 CFR 660.3 - Reasonable policies and procedures concerning the accuracy and integrity of furnished information.

660.3 Reasonable policies and procedures concerning the accuracy and integrity of furnished information.

( a ) Policies and procedures. Each furnishermust establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities. 
( b ) Guidelines. Each furnisher must consider the guidelines in Appendix A of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate.

( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness.

15 U.S. Code 1681d - Disclosure of investigative consumer reports ( a ) Disclosure of fact of preparation A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and ( B ) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection ( b ) of this section and the written summary of the rights of the consumer prepared pursuant to section 1681g ( c ) of this title ; and ( 2 ) the person certifies or has certified to the consumer reporting agency that ( A ) the person has made the disclosures to the consumerrequired by paragraph ( 1 ) ; and ( B ) the person will comply with subsection ( b ).

( b ) Disclosure on request of nature and scope of investigation Any person who procures or causes to be prepared an investigative consumer reporton any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to theconsumer not later than five days after the date on which the request for such disclosure was received from theconsumer or such report was first requested, whichever is the later.

( c ) Limitation on liability upon showing of reasonable procedures for compliance with provisions No person may be held liable for any violation of subsection ( a ) or ( b ) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection ( a ) or ( b ).

( d ) Prohibitions ( 1 ) Certification A consumer reporting agency shall not prepare or furnish an investigative consumer report unless the agency has received a certification under subsection ( a ) ( 2 ) from the person who requested the report.

( 2 ) Inquiries A consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable Federal or State equal employment opportunity law or regulation.

( 3 ) Certain public record information Except as otherwise provided in section 1681k of this title, a consumer reporting agency shall not furnish aninvestigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished.

( 4 ) Certain adverse information A consumer reporting agency shall not prepare or furnish an investigative consumer report on aconsumer that contains information that is adverse to the interest of theconsumer and that is obtained through a personal interview with a neighbor, friend, or associate of theconsumer or with another person with whom the consumer is acquainted or who has knowledge of such item of information, unless ( A ) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information ; or ( B ) the person interviewed is the best possible source of the information.

16 CFR 313.4 - Initial privacy notice to consumers required.

313.4 Initial privacy notice to consumers required.

( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when youestablish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before youdisclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 313.14 and 313.15.

( b ) When initial notice to a consumer is not required. You are not required to provide an initial notice to a consumer under paragraph ( a ) of this section if : ( 1 ) You do not disclose any nonpublic personal information about the consumer to any nonaffiliated third party, other than as authorized by 313.14 and 313.15 ; and ( 2 ) You do not have a customer relationship with the consumer.

( c ) When you establish a customer relationship ( 1 ) General rule. You establish a customerrelationship when you and the consumer enter into a continuing relationship.

( 2 ) Special rule for loans. You establish a customer relationship with a consumer when you originate a loan to the consumer for personal, family, or household purposes. If you subsequently transfer the servicing rights to that loan to another financial institution, the customer relationship transfers with the servicing rights.

( 3 ) Examples ( i ) Examples of establishing a customer relationship. You establish a customer relationship when the consumer : ( A ) Executes the contract to obtain credit from you or purchase insurance from you; or ( B ) Executes the lease for personal property with you.

( ii ) Examples of loan rule. You establish a customer relationship with a consumer who obtains a loan for personal, family, or household purposes when you : ( A ) Originate the loan to the consumer and retain the servicing rights; or ( B ) Purchase the servicing rights to the consumer 's loan.

( d ) Existing customers. When an existing customer obtains a new financial pr

oduct or service from you that is to be used primarily for personal, family, or household purposes, you satisfy the initial notice requirements of paragraph ( a ) of this section as follows : ( 1 ) You may provide a revised privacy notice, under 313.8, that covers the customer 's new financial product or service; or ( 2 ) If the initial, revised, or annual notice that you most recently provided to that customer was accurate with respect to the new financial product or service, you do not need to provide a new privacy notice under paragraph ( a ) of this section. ( e ) Exceptions to allow subsequent delivery of notice ( 1 ) General. You may provide the initial notice required by paragraph ( a ) ( 1 ) of this section within a reasonable time after youestablish a customer relationship if : ( i ) Establishing the customer relationship is not at the customer 's election; or ( ii ) Providing notice not later than when you establish a customer relationship would substantially delay the customer 's transaction and customer agrees to receive the notice at a later time. ( 2 ) Examples of exceptions ( i ) Substantial delay of customer 's transaction. Providing notice not later than when you establish a customer relationship would substantially delay the customer 's transaction when youand the individual agree over the telephone to enter into a customer relationship involving prompt delivery of the financial product or service. ( ii ) No substantial delay of customer 's transaction. Providing notice not later than when you establish a customerrelationship would not substantially delay the customer 's transaction when the relationship is initiated in person at youroffice or through other means by which the customer may view the notice, such as through a website. ( f ) Delivery. When you are required to deliver an initial privacy notice by this section, youmust deliver it according to 313.9. If you use a short-form initial notice for non-customers according to 313.6 ( d ), you may deliver yourprivacy notice according to 313.6 ( d ) ( 3 ). 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to theconsumer 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 nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to theconsumer, 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 consumercan exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to anonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through anaffiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated 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. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. ( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to theconsumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau ofConsumer Financial Protection [ 1 ] aFederal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solelyconsumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.