Consumer complaint received 2024-06-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Early Warning Services, LLC (NC)

VIOLATION OF CONSUMER LAW AND PRIVACY REFUSAL TO COMPLY WITH OPT OUT REQUST SHARING OF INFORMATION WITHOUT PROOF OF CONSENT OR WET INK SIGNATURE SHARING OF PRIVATE INFORMATION USING DECEPTIVE LANGUAGE TO IMPLY THEY RECEIVED CONSENT FROM MYSELF OR MY FINANCIAL INSTITUTIONS NO OFFER OF OPT OUT OPTION EVER RECEIVED USING DECEPTIVE LANGUAGE : THEY CAN NOT OPT ME OUT SINCE THEY DO NOT PROVIDE A PHYSICAL PRODUCT- THIS COMPANY COLLECTS THIRD PARTY INFORMATION AND REPORTS IT WITH OUT MY CONSENT. I REQUESTED TO OPT OUT OF THEIR SERVICES ( NOT OPT OUT OF ANY PRODUCT ) 15 U.S. Code 6801 - Protection of nonpublic personal information U.S. Code Obligation policy 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. 

( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 



16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

CFR Table of Popular Names prev | next 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : 1016.4 Initial privacy notice to consumers required.

THIS VERSION IS THE CURRENT REGULATION Search this regulation Regulation P ( 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, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part.

( 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 1016.14 and 1016.15 ; and ( 2 ) You do not have a customer relationship with the consumer.

1016.5 Annual privacy notice to customers required.

THIS VERSION IS THE CURRENT REGULATION Search this regulation Regulation P ( a ) ( 1 ) General rule. Except as provided by paragraph ( e ) of this section, you must provide a clear and conspicuous notice to customers that accurately reflects your privacy policies and practices not less than annually during the continuation of the customer relationship. Annually means at least once in any period of 12 consecutive months during which that relationship exists. You may define the 12-consecutive-month period, but you must apply it to the customer on a consistent basis.

( 2 ) Example. You provide a notice annually if you define the 12-consecutive-month period as a calendar year and provide the annual notice to the customer once in each calendar year following the calendar year in which you provided the initial notice. For example, if a customer opens an account on any day of year XXXX, you must provide an annual notice to that customer by XX/XX/XXXX of year XXXX. 

XXXX Information to be included in privacy notices. 
THIS VERSION IS THE CURRENT REGULATION Search this regulation Regulation P ( a ) General rule. The initial, annual, and revised privacy notices that you provide under 1016.4, 1016.5, and 1016.8 of this part must include each of the following items of information, in addition to any other information you wish to provide, that applies to you and to the consumers to whom you send your privacy notice : ( 1 ) The categories of nonpublic personal information that you collect ; ( 2 ) The categories of nonpublic personal information that you disclose ; ( 3 ) The categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal information, other than those parties to whom you disclose information under 1016.14 and 1016.15 of this part ; ( 4 ) The categories of nonpublic personal information about your former customers that you disclose and the categories of affiliates and nonaffiliated third parties to whom you disclose nonpublic personal information about your former customers, other than those parties to whom you disclose information under 1016.14 and 1016.15 ; ( 5 ) If you disclose nonpublic personal information to a nonaffiliated third party under 1016.13 ( and no other exception in 1016.14 or 1016.15 applies to that disclosure ), a separate statement of the categories of information you disclose and the categories of third parties with whom you have contracted ; ( 6 ) An explanation of the consumer 's right under 1016.10 ( a ) of this part to opt out of the disclosure of nonpublic personal information to nonaffiliated third parties, including the method ( s ) by which the consumer may exercise that right at that time ; ( 7 ) Any disclosures that you make under section 603 ( d ) ( 2 ) ( A ) ( iii ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( d ) ( 2 ) ( A ) ( iii ) ) ( that is, notices regarding the ability to opt out of disclosures of information among affiliates ) ; ( 8 ) Your policies and practices with respect to protecting the confidentiality and security of nonpublic personal information; and ( 9 ) Any disclosure that you make under paragraph ( b ) of this section. 




1016.7 Form of opt out notice to consumers ; opt out methods.

THIS VERSION IS THE CURRENT REGULATION Search this regulation Regulation P ( 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 ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 1016.6 ( a ) ( 2 ) and ( 3 ) of this part, and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply. 

( 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. 

( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.