Consumer complaint received 2023-12-26
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 (CA)

Upon receiving my Consumer Disclosure report from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), discoveries relating to the information provided from said party XXXX XXXX XXXX XXXX has reveled a XXXX  of violations committed by multiple XXXX party affiliate, non-affiliates or any and every entity which XXXX be recognized in addition through further investigation from past, present and future furnishing of my XXXX  XXXX  information. 

These are issues I wish to address due to all parties who XXXX have breached the of terms and agreements leading to have adversely effected my rights under the XXXX XXXX XXXX XXXX The sharing of my personal information was done so without my written consent. From disclosure of numerous XXXX personal information including but not limited to discrepancies, errors, inaccuracies, derogatory marks, all of which etc. The information disclosed to XXXX parties has negatively affected approval and access to credit from certain documents which prove to be valid in detail with this letter. 

XXXX XXXX XXXX XXXX- Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The XXXX makes the following findings : ( XXXX ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the XXXX  right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer XXXX XXXX XXXX, and other information in a manner which is fair and equitable to the consumer, with regard to the XXXX XXXX XXXX, and proper utilization of such information in accordance with the requirements of this subchapter. 
Consumer : There is a need to protect my privacy which every company XXXX be in violation of which the terms, conditions and privacy policy are attached with this dispute. 

Important Definitions from XXXX XXXX XXXX XXXX - Definitions ; rules of construction The term consumer reporting XXXX  means any person which, for monetary XXXX XXXX, or on a cooperative XXXX  basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to XXXX  parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
The term consumer means an individual. 
The term consumer report means any XXXX XXXX, or other XXXX of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( XXXX ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; XXXX XXXX XXXX XXXXXXXX - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other ( XXXX ) In accordance with the written instructions of the consumer to whom it relates XXXX  : They need my XXXX  consent to add anything to my consumer report. Since I did not authorize this, it is a violation of the Fair Credit Reporting Act. 
XXXX XXXX. XXXX - An Act to safeguard the consumer in connection with the utilization of credit by requiring full disclosure of the terms and conditions of finance charges in credit transactions or in offers to extend credit ; by XXXX  the garnishment of wages ; and by creating the XXXX XXXX XXXX XXXX XXXX to study and make recommendations on the need for further regulation of the XXXX XXXX XXXX ; and for other XXXX XXXX : This is law that backs the code and is even stricter as it states that XXXX  XXXX  can only get your report in response to a request by the head of a XXXX or local XXXX  support enforcement XXXX  ( or a State or local government official authorized by the head of such an XXXX  ) Consumer : Reporting Transaction history is illegal. XXXX XXXX XXXX is in violation of reporting my transaction history. Request made by the consumer via XXXX  has been denied due to claims that permission was granted from such XXXX  of which the consumer is an active or former member. Examples of financial institutions XXXX XXXX XXXX claim the information gathered prior to my request for the XXXX XXXX XXXX, XXXX be but not limited to, XXXX XXXX XXXX, XXXX XXXX Bank XXXXXXXX XXXX XXXX XXXX. All of which I am a current member of their services. All current and former affiliates who XXXX have given information without my permission such as but not limited to, the reporting of my transaction history, do not have my permission which are all violations and request immediate change of status to removal or paid as agreed. In Terms and Agreements attached of the institutions of which I am a current member, XXXX XXXX Code XXXX - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting XXXX  XXXX 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 XXXXXXXX XXXX 
Consumer : No adverse item besides the conviction of crimes should be on my report and any item that is a derogatory mark is not allowed into consumer reports. In the event that XXXX XXXX continues to attempt to justify keeping transaction history in cases where they believe were granted permission ( which they do not ) from any entity with my XXXX  personal information, all the disputes I request to be removed are considered derogatory marks which have and XXXX have resulted to negatively effect my XXXX XXXX. 
XXXX XXXX XXXX XXXX - Compliance procedures ( a ) Identity and purposes of credit users XXXX consumer reporting XXXX  shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this XXXX. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting XXXX  shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting XXXX  XXXX furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section XXXX of this title. 
( b ) Accuracy of report 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. 
Consumer : By violating section XXXX for permissible purpose and XXXX for information contained in consumer reports, XXXX XXXX XXXX are also violating compliance procedures under this title. 
XXXX XXXX Code XXXX - Civil liability for XXXX XXXX ( a ) In general XXXX person who willfully fails to comply with any requirement imposed under this subchapter with respect to XXXX  consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under XXXX  pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; Consumer : I have filed more than XXXX complaint, in fact multiple complaints against numerous agencies with the CFPB which either remain in dispute pending a response or continued refusal to remove reports in which have already been put on record with the CFPB with the necessary evidence to prove disputes in claim. This is a violation of willfull noncompliance understanding of the violations after my complaints were made the XXXX time. Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law. 
XXXX XXXX XXXX XXXX - XXXX liability for negligent noncompliance In general Any person who is negligent in failing 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure XXXX : if the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. They are still liable for correcting these violations which have been made clear in this complaint if in fact their actions or lack thereof was due negligence. 

XXXX XXXXXXXX XXXX XXXXXXXX - Responsibilities of furnishers of information to consumer reporting agencies ( XXXX ) Prohibition ( A ) Reporting information with actual knowledge of errors 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 ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is XXXX; and ( ii ) the information is, in fact, XXXX. 
Consumer : I have notified the consumer XXXX  that there is XXXX  information. They must immediately stop reporting that information until they can prove that it is XXXX  which continues to be denied. 
XXXX XXXX XXXX XXXX - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution XXXX not, directly or through any affiliate, disclose to a nonaffiliated XXXX  party any XXXX  personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. 

( XXXX ) In general A financial institution XXXX 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 XXXX of this title, that such information XXXX 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. 
( XXXX ) Exception This subsection shall not prevent a financial institution from providing XXXX  personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between XXXX or more financial institutions that comply with the requirements imposed by the regulations prescribed under section XXXX of this XXXX, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the XXXX  party to maintain the confidentiality of such information. 
( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated XXXX  party that receives from a financial institution XXXX  personal information under this section shall not, directly or through an affiliate of such receiving XXXX  party, disclose such information to any other person that is a nonaffiliated XXXX  party of both the financial institution and such receiving XXXX  party, unless such disclosure would be lawful if made directly to such other person by the financial institution. 
( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to XXXX XXXX XXXX XXXX, an account number or similar form of access number or access code for a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX of a consumer to any nonaffiliated XXXX party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. 
XXXX XXXX XXXX XXXX - XXXX maintained on individuals ( XXXX ) Mailing Lists. 
An individuals name and address XXXX not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. 

Consumer : All inquiries on my report using my name and address given to nonaffiliated XXXX party entities that XXXX have been sold for marketing and/or promotional purposes was done so without my permission which is a XXXX. If XXXX  not from an open account on credit report they must remove XXXX. If continued refusal to remove all XXXX  from my report, all agencies must send documentation that was used to verify I have an open account with any and all agencies in question. 


XXXX XXXX XXXX XXXX of opt out notice to consumers ; opt out methods. Section ( a ) ( XXXX ) Form of opt out notice. If you are required to provide an opt out notice under XXXX ( a ), you must provide a XXXX  and XXXX  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 XXXX  personal information about your consumer to a nonaffiliated XXXX  party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer XXXX exercise the opt out right. 
XXXX XXXX XXXX XXXX - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution XXXX 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 XXXX of this XXXX. 
( b ) Opt out ( XXXX ) In general A financial institution XXXX not disclose nonpublic personal information to a XXXX  XXXX  party unless ( A ) such financial institution XXXX  and XXXX  discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section XXXX of this title, that such information XXXX be disclosed to such XXXX  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 XXXX  party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
Consumer : XXXX XXXX XXXX has denied my requests to opt out of the disputes in my XXXX XXXX Report. 
XXXX XXXX XXXX XXXXXXXX - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ XXXX XXXX. XXXX et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law Consumer : Per the FCRA as a federally protected consumer, XXXX XXXX now opting out of any and all authorization I the consumer XXXX have given you XXXX XXXX XXXX  and XXXX per XXXX XXXX XXXX. Any information that wishes to be added to my report will not be permitted without my notification, consent and approval. Any and all private information will be presented to me prior to my decision to XXXX XXXX XXXX any and all to be added to my report.