Consumer complaint received 2024-02-07
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Upstart Holdings, Inc. (AZ)

According to the Fair Credit Reporting Act 15 USC 1681 Section 602 ( a ) states, " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to ensure my private information isn't shared and is backed by 15 USC 6801, which states, " It is 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. '' Upstart/XXXX XXXXXXXX is a financial institution by definition under that title. 15 USC 1681 section 604 ( a ) Section 2 states that " In general Subject to subsection ( c ), 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. '' Upstart/XXXX XXXXXXXX , the financial institution, and the Consumer Reporting XXXX XXXX XXXX XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, and Upstart/XXXX XXXXXXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 

15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' UpstartXXXX XXXX never informed me of my right to exercise my nondisclosure option. Furthermore, 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' These accounts are adverse items being reported, again, without my permission, violating the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 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. XXXX, XXXX XXXX, and XXXX are not maintaining reasonable procedures. In disclosing this private information, Upstart/XXXX XXXX XXXX XXXX, XXXX, and XXXX have violated the Privacy Act of 1974. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of these reporting services.

Attached are the reports from all three Consumer Reporting Agencies highlighted the disclosure of private information and reporting of transaction history from the furnisher Upstart/XXXX XXXXXXXX in violation of the FCRA.