Consumer complaint received 2024-03-22
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Report provided to employer without your written authorization
Company: Lendmark Financial Services (OH)

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information.

I was never informed about my personal information being furnished to non-affiliates/third parties. Lendmark Financial services is classified as a FINANCIAL INSTITUTION which is suppose to be in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681. My information has been furnished to XXXX, XXXX, XXXX, XXXX and XXXX XXXX XXXX which are third party companies. 
15 USC 1681b ; permissible purpose of consumer reports ( A ) IN GENERAL ( 1 ) Subject to subsection ( c ) of this section any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.

( 2 ) In accordance with the written instructions of the consumer to whom it relates.

I did not give written, verbal nor electronic consent however if there's any documents stating otherwise, please provide me with any and all information regarding my consent. It is the policy of the congress that each financial institution has affirmative and continuing obligation to respect the privacy of its customers and protect the security of their non-public personal information.

NON-PUBLIC PERSONAL INFORMATION : Is any identifiable financial information provided by a consumer to a financial institution resulting from any transaction with the consumer or any service performed.

15 USC 6802 also states Financial Institutions must not disclose any information unless they give you an explanation of how you can exercise a non-disclose option, which I did not receive.

This is an act against my privacy rights which is an act against the PRIVACY ACT OF 1974 Lendmark Financial Services has reported the account to the credit bureaus as Charged off, A charge off is considered a certificate of indebtedness which means it is income and it has to be removed. It is illegal to report transaction history.

15 U.S. Code 6805 - Enforcement- ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C . 5511 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, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ).

( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity.

( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.

( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies.

( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act.

( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title.

( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.

( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title.

Lendmark also claim to have a LIEN on my title, I looked on the SECRETARY OF STATE website in Ohio and filed a UCC 11 search on my name and there is no lien. A lien is usually perfected by filing a financing statement with the secretary of state, or in some cases with the county recorder. I have a perfected lien on the vehicle/property you can do the search yourself, I am a secured party and LENDMARK FINANCIAL SERVICES is the Debtor on this perfected document.