Consumer complaint received 2024-08-01
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Reporting company used your report improperly
Company: Contemporary Information Corp (NJ)

Please see attached documents I recently obtained a copy of my credit report and noticed that you are reporting inaccurate information in several sections. This is my second attempt to rectify these errors, which according to the Fair Credit Reporting Act, demonstrates willful noncompliance. 

You are to delete any other information not listed above. Regarding the remainder of the report ( please see attached consumer report ) you are to remove/delete all highlighted items specified on the report pursuant to the applicable laws listed below. 

Please note that your previous response back to me, via CFPB, regarding my consumer report has been reviewed. Some of the disputes were rebutted, however, the bulk of the other disputes seem to have gone ignored and unanswered. I have listed the applicable laws below for your review.

Right to Privacy 15 U.S. Code 6801, a financial institution must respect the privacy security, confidentiality, and protection of consumer information. The courts didnt receive any consent from me to provide CIC with my personal information/records, nor were the records provided directly from the court to CIC and I have a right to privacy from those records being retained on my consumer report. 
15 U.S. Code 6802 ( a ), Except as otherwise provided in this subchapter, a financial institution my 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. The courts provided no notice to me, the consumer, about any records being shared with CIC. And though you provided a screen shot of the records being pulled electronically, please provide me with the direct correspondence from the court that granted you permission or permissible purpose to furnish my information on the consumer report, which you have none. 
5 U.S. Code 552a ( b ), 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. I provided consent to verify my information in efforts to receive my consumer report, however, after reviewing my consumer report, I gave instructions to opt out of any further reporting and removal of current inaccurate information. 
5 U.S. Code 552a ( e ) ( 2 ), Each agency that maintains a system of records shall collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal Programs, ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained. I do hereby notify that the information you are reporting is adversely affecting me and I have the right to exercise my right to privacy.

15 U.S. Code 1681 ( b ), 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.

15 U.S. Code 1681a ( d ) ( 2 ) ( A ) ( i ), Except as provided in paragraph ( 3 ), the term consumer report does not includesubject to section 1681s-3 of this title, any report containing information solely as to transactions or experiences between the consumer and the person making the report.

15 U.S. Code 1681a ( o ) ( 5 ) ( A ) ( i ), A communication is described in this subsection if it is a communicationwith respect to whichthe consumer who is the subject of the communication consents orally in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication. This dispute hereby notes that I do not consent to the information being provided in the consumer report.

15 U.S. Code 1681b ( a ) ( 2 ), Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other in accordance with written instructions of the consumer to whom it relates. Though my consumer report was furnished to me, CIC does not have permissible purpose to report the items listed on the report and does not have my consent.

15 U.S. Code 1681c ( a ) ( 5 ), 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. This notes that you may not furnish any adverse information on my consumer report unless it is a conviction of a crime. There are no convictions of crimes listed on my report, therefore the required information highlighted shall be deleted.

15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ), 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, ( B ) ( i ), A person shall not furnish information relating to a consumer to any consumer reporting agency if the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. Please note that this dispute hereby notifies CIC that the information being reported is in fact inaccurate. CIC does not have permissible purpose to furnish the information provided and just because CIC has the ability to pull court records electronically, does not mean that the court directly provided that information directly to CIC to be reported on my consumer report ( a screenshot is not proof that the courts directly provided that information to CIC ).


Opting Out 15 U.S. Code 6802 ( b ) ( 1 ), A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless 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. There was no notice given prior to furnishing my report to give me the option to opt out of any information being reported on my consumer report. I also have the right to opt out of any information being furnished on my consumer report and I am requested the highlighted items be deleted. Compliance 15 U.S. Code 1681e ( a ), 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, ( b ) Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n ( a ) ( 1 ) ( A ), Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages not less than {$100.00} and not more than {$1000.00}, ( B ), in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater. Given the fact that this is my second
notice of violation of my rights, CIC has hereby displayed willful noncompliance.

In closing, due to my rights to privacy and CICs lack of permissible purpose and consent to furnish the listed information on my consumer report, you are to remove all highlighted items from my consumer report. Upon completion of this request, please furnish a new updated consumer report to the mailing address specified above.