Consumer complaint received 2024-06-24
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Incorrect information on your report — Information is incorrect
Company: Early Warning Services, LLC (FL)

I would like to bring to your attention that, as defined by 15 USC 1681 ( a ) ( 2 ), " consumer reports '' do not include any reports containing information solely as to the transactions and experiences between the consumer and the " person '' making the report. In this context, the term " person '' includes corporations like Early Warning Services. 

The mentioned events, such as XXXX  occurrences, overdrafts, and account closures, are considered " transactions and experiences '' that occur in a private business relationship between myself and my bank, not between myself and Early Warning Services. I never opened an Early Warning Service line of credit account, and therefore, these events should not be reported by your agency. 

Furthermore, the financial institutions sharing this information with Early Warning Services are not related by any common ownership or corporate control, making Early Warning Services a non-affiliated third party. According to the Fair Credit Reporting Act, the trafficking of consumers ' nonpublic personal information to any non-affiliated third-party consumer reporting agency, without proper authorization, is considered identity theft. 

I want to emphasize that I, as a consumer, did not provide written authorization to any of the financial institutions involved to share my banking records and history with Early Warning Services. This sharing of my nonpublic personal information with your agency constitutes a separate transaction that occurred outside of my normal business activity with these banks and took place without my written consent or notice to opt into the sharing of my personal information.

Moreover, 15 USC 1681 ( d ) specifies that any " person, '' including corporations like Early Warning Services, may not procure a consumer report on any consumer unless it is clearly disclosed to the consumer that an investigative consumer report may be made.

This disclosure must be in writing or mailed to the consumer no later than three days after the date on which the report was requested ( inquiry date or first transaction date ). I, as a consumer, did not receive any written disclosure from Early Warning Services regarding the creation of a consumer report detailing my banking history, transactions, account overdraft status, and overall banking record.

To validate the legitimacy of your claim that I provided written authorization for the creation of such a report, I request that you provide a certified mail tracking number and a return receipt showing my name and address as the recipient. 

If you are unable to furnish this proof within the dispute period of 30 days, I insist that you promptly delete all the transactions and experiences you are reporting about me as a consumer. 

I appreciate your prompt attention to this matter and expect a thorough investigation into the inaccuracies outlined in this letter. Your compliance with the FCRA is crucial in ensuring the accuracy and fairness of consumer reports. I look forward to your prompt response. 

Below is a copy of my Drivers License to validate my identity. I am the one disputing this.