Consumer complaint received 2024-04-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Burns Auto Credit, LLC (SC)

Burns Auto Credit LLC, didn't provide me proper disclosure at the time of application, nor did the provide me with a clear & conspicuous notice that explains my right to opt out at any time. Burns Auto Credit LLC, NEVER provided me the proper disclosures PRIOR to reporting items on MONTHLY basis to any 3rd party affiliates such as XXXX. 

16 CFR 313.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( 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. ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 313.8 Revised privacy notices. ( a ) General rule. Except as otherwise authorized in this part, you must not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than as described in the initial notice that you provided to that consumer under 313.4, unless : ( 1 ) You have provided to the consumer a clear and conspicuous revised notice that accurately describes your policies and practices ; ( 2 ) You have provided to the consumer a new opt out notice ; ( 3 ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( 4 ) the consumer does not opt out. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may 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. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) 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 ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Burns Auto Credit LLC, has also violated my privacy right according to : The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information.