Consumer complaint received 2024-07-28
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC. (SC)

FTC violations attached Fair Debt Collection Practices Act Great Seal of the United States Long title An act to amend the Consumer Credit Protection Act to prohibit abusive practices by debt collectors. Acronyms ( colloquial ) FDCPA Enacted by the 95th United States Congress Citations Public law Pub.L. 95109 Statutes at Large 91 Stat. 874 Codification Titles amended Title 15 U.S.C. sections created 15 U.S.C. 16921692p Legislative history Introduced in the House as H.R.5294 Passed the House and Passed the Senate with amendment House agreed to Senate amendment Signed into law by XXXX XXXX XXXX United States Supreme Court XXXX XXXX XXXX XXXXXXXX XXXX No. XXXX, XXXX XXXX ___ XXXX XXXX ) XXXX v. XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX ___ XXXX XXXX ) Rotkiske v. XXXX, XXXX. XXXX, XXXX XXXX ___ XXXX XXXX ) The Fair Debt Collection Practices Act ( FDCPA ), Pub. XXXX XXXX ; XXXX XXXX. XXXX, codified as 15 U.S.C. 1692 1692p, approved on XX/XX/XXXX ( and as subsequently amended ) is a consumer protection amendment, establishing legal protection from abusive debt collection practices, to the Consumer Credit Protection Act, as Title XXXX of that Act. The statute 's stated purposes are : to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with XXXX XXXX for disputing and obtaining validation of debt information in order to ensure the information 's accuracy. [ 1 ] The Act creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act. [ 2 ] It is sometimes used in conjunction with the Fair Credit Reporting Act. [ 3 ] [ 4 ] Under the Fair Credit Reporting Act ( 15 USC 1681 section 602a ), it is emphasized that consumer reporting agencies must carry out their responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. As a consumer, I assert my right to ensure the non-disclosure of my private information, as supported by 15 USC 6801, which stipulates the obligation of financial institutions to uphold customer privacy and protect nonpublic personal information.

A financial institution, classified as a " Furnisher of information to credit agencies, '' is mandated by 15 USC 1681 section 604a ( 2 ) to furnish consumer reports only in accordance with the written instructions of the respective consumer. I want to make it clear that None of these FURNISHER OF INFORMATION ( third-party companies that are not affiliated to XXXX, XXXX OR TRANSUNION ) have my consent to share this information, and they certainly lack my written consent. 
Referring to 15 USC 6802 ( b ) ( c ), a financial institution is prohibited from disclosing nonpublic personal information to a nonaffiliated third party without informing the consumer of their right to exercise the nondisclosure option. Unfortunately, the " Furnisher of information to credit agencies '' did not provide me with the necessary information to exercise this right.

15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting.

The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 

According to 15 USC 1681b ( a ) ( 2 ) : any consumer reporting agency may furnish a consumer report under the following circumstances and no other in accordance with the written instructions of the consumer to whom it relates.

A consumer reporting agency may only furnish information to a consumer report when the consumer has given " written instructions '' authorizing the release of their information. I know for FACT I did not give nor do you have my written instructions to furnish my information. Since I did not give you written consent to do such, that is identity theft.

According to 15 USC 1681c-2 : Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of. 
You must take action right away and block/remove information from my credit report I did not give any consent to, which is identity theft. The lack of awareness raises serious concerns about the security and protection of my personal information within your system. 

Section 1681s2 ( A ) ( 1 ) of the U.S. Code further emphasizes that information should not be furnished to a consumer reporting agency if there is knowledge or reasonable cause to believe that the information is inaccurate. Transunion and XXXX XXXX XXXX seem to be neglecting their duty to maintain reasonable procedures, as required by 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title., aimed at avoiding violations and limiting the furnishing of consumer reports to specific purposes outlined in section 1681b. 

I, XXXX XXXX state that the information you are reporting is not information relating to any transaction that I made by the consumer. 
Transunion or XXXX XXXX XXXX have violated my right for the tenth time. I have sent multiple FTC reports with the valid information to get the item removed. I did not give Transunion or XXXX XXXX the right to share my information with each other or any third party. Being that the XXXX companies are not affiliated you are in violation of my rights 15 USC 6802 ( b ) ( c ).

Moreover, 15 USC 1681C ( a ) ( 5 ) explicitly prohibits consumer reporting agencies from including adverse information in a consumer report without authorization, especially if it concerns records antedating the report by more than seven years. These account, reported to Transunion, Equifax and Experian, constitutes an adverse item without my permission, violating the law.

Additionally, as per 12 CFR 1016.7 states that " A consumer maXXXX exercise the right to opt out at any time. ", THEREFORE I AM EXERCISING MY RIGHT TO OPT OUT OF XXXX XXXX XXXX REPORTING SERVICES. ANY AND ALL CONSENT TO WHETHER IT BE VERBAL, NON-VERBAL, WRITTEN, IMPLIED OR OTHERWISE IS REVOKED. 
You were supposed to give me the chance by telling me what to do to opt out of consumer report transactions, YOU DID NOT DO SO. ALL INFORMATION SHALL BE DELETE IT IMMEDIATELY! 
I, XXXX XXXX am writing this letter to any and all Furnishers of Information that are reporting to Transunion, XXXX and XXXX ( See all Companies and Account Numbers on below ). Per the FCRA as a federally protected consumer I am hereby exercising my right to opt out of any and all authorizationsbe they verbal, non-verbal, written, implied, or otherwisethat I, as the consumer, may have previously granted to you under 15 USC 6802.

12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I AM OPTING OUT OF ALL THIRD PARTY/FUNISHERS OF INFORMATION NOT AFFILATED TO TRANSUNION, XXXX AND XXXX REPORTING SERVICES.

Please be aware that the FCRA gives consumers the right to seek damages for willful noncompliance. I demand that you take this matter seriously. This has harmed my family and I because of this, I can not provide a stable home for my family without someone judging me based on this information. Rectify these violations promptly or I will be forced to take legal action.

OPT OUT LAWS 12 CFR 1016.1 Purpose and scope.

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.

Every company owes you a privacy notice before they furnish any information to our consumer report 12 CFR 1016.4 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 you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. 
Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.

( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.

( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

( i ) Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

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 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 nonaffiliated 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. 
Once again they must give you an opt out notice for anything that is to be added to your consumer report. 
15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, YOU ARE IN VIOLATION OF MY PRIVACY DUE TO THE PRIVACY ACT OF 1974, UCC, USC, CFR BELOW.

Privacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

Again they need prior written instruction of the individual to whom it relates.

Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an execXXXXtive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Either way they have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.

18 U.S. Code 1028A - Aggravated identity theft ( a ) Offenses.

( 1 ) In general.Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.