Consumer complaint received 2024-05-04
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: NAVY FEDERAL CREDIT UNION (LA)

XX/XX/XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, La XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX Operating XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, VA XXXX Navy Federal Credit Union XXXX XXXX XXXX XXXX, VA XXXX Declaration under penalty of perjury of XXXX XXXX, XXXX XXXX XXXX, being competent to make this declaration of having personal knowledge of the matters stated therein, declares pursuant to 28 U.S.C 1746 Subject : This is a request to immediately cease the reporting of my credit utilization to consumer reporting agencies. ( 3th Letter ) Dear XXXX XXXX CEO Chief Operating Officer XXXX XXXX, Chief Financial Officer XXXX XXXX, Vice President Credit Cards XXXX XXXX AFFIDAVIT OF TRUTH I am writing to bring to your attention a matter of concern regarding the reporting of my credit utilization on my Cash Rewards XXXX to consumer reporting agencies by Navy Federal Union , which I believe is in violation of multiple consumer protection laws. I consent to the reporting of my utilization to XXXX XXXX XXXX XXXX, XXXX, GA, XXXX XXXX XXXX XXXX XXXX, PA XXXX, XXXX XXXX XXXX XXXX XXXX, TX XXXX or any other consumer agencies that report utilization. I have chosen to opt-out for the reporting of my utilization, under 15 U.S. Code 6802 ( a ) ( b ) ( 1 ) ( A ) ( B ) ( C ) - Obligations with respect to disclosures of personal information.

This is a request to immediately cease the reporting of my credit utilization to consumer reporting agencies XXXX XXXX XXXX XXXX, XXXX, GA, XXXX XXXX XXXX XXXX, XXXX, PA XXXX, XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX 

First, under 15 U.S. Code 1681a ( 2 ) ( A ) ( 1 ), a consumer report excludes reports containing information solely as to transactions or experiences between the consumer and the person making the report. As such, any communication of information regarding credit utilization, which pertains solely to the transactions between myself and Navy Federal Credit Union, should not be included in consumer reports.

Secondly, 15 U.S. Code 6801, the Protection of Nonpublic Personal Information provision, mandates financial institutions like Navy Federal Credit Union to safeguard the confidentiality of customer information, including credit utilization data. Moreover, 15 U.S. Code 6802 outlines the obligations of financial institutions regarding disclosures of personal information emphasizing the importance of maintaining the privacy of customer data. 

The reporting of my credit utilization to consumer reporting agencies by Navy Federal Credit Union potentially violates these provisions by disclosing personal financial information without my explicit consent. This action not only compromises my privacy rights but also undermines the fundamental principles of consumer protection established by the aforementioned statutes. 
Furthermore, I have cited relevant Federal and Supreme Court case laws that support my complaint for the removal of my credit utilization from consumer reports, including : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) These cases further affirm the illegality of reporting credit utilization under the statues outlined in 15 U.S. Code 1681a ( 2 ) ( A ) ( 1 ). It is imperative that Navy Federal Credit Union takes immediate action to cease the reporting of my credit utilization to consumer reporting agencies and ensures compliance with all relevant consumer protection laws. 

Failure to do so would not only constitute a violation of my rights as a consumer but also undermine the trust and confidence I have placed at your institution. 

Furthermore, Navy Federal Credit Unions own policies and procedures, as outlined in your privacy policies and customer agreements, emphasize the importance of safeguarding customer information and obtaining explicit consent for the disclosure of personal financial data. The reporting of my credit utilization to consumer reporting agencies potentially violates these policies by disclosing personal financial information without my explicit consent. Additionally, the following policies and procedures may have been violated : Confidentiality of Customer Information Policy : Navy Federal Credit Union is obligated to protect the confidentiality of customer information, including credit utilization data, as outlined in your institutions policies. By reporting my credit utilization to consumer reporting agencies without my explicit consent, Navy Federal Credit Union may have breached this policy.

Consent for Disclosure Policy : Navy Federal Credit Union is required to obtain explicit consent from customers before disclosing personal financial information to third parties. The reporting of my credit utilization to consumer reporting agencies without my explicit consent may constitute a violation of this policy.

The Fair Credit Reporting Act ( FCRA ) provides protections to consumers regarding the accuracy, fairness, and privacy of the information contained in their credit reports. Violations of FCRA may lead to legal action against the entity responsible for the violation. The XXXX XXXX XXXX ( XXXX ) requires financial institutions to protect the privacy of consumers personal financial information. Violations of XXXX can result in regulatory actions and penalties. It is imperative that Navy Federal Credit Union take immediate action to cease the reporting of my credit utilization to consumer reporting agencies and ensure compliance with all relevant consumer protection laws, as well as your institutions policies and procedures. Failure to do so would not only constitute a violation of my rights as a consumer but also undermine the trust and confidence I have placed in your institution. 

This request is to be made to my account within the next 24hrs after notice is received. I kindly request your urgent attention to this matter and confirmation of the necessary actions taken to address my concerns. 

Thank you for your cooperation and prompt response to this important issue.

Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct. 

Executed on XX/XX/XXXX XXXX XXXX