Consumer complaint received 2024-01-10
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Bread Financial Holdings, Inc. (FL)

It is illegal to report transaction history. Pursuant to the Privacy Act of 1974, codified 15 U.S. Code 522a, subsection b states : No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would beto a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable. Additionally, the Fair Credit Reporting Act, codified 15 U.S. Code 1681, section 602 ( a ) the legislature states : " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared unfairly and isnt in a matter that would reflect prejudice or biased treatment in public, which is supported by 15 U.S. Code 6801, stating : " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' Comenity Capital Bank is a financial institution by definition under that title. 15 U.S. Code 1681, section 604 ( a ), section 2 states that : " In general, Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' Comenity Capital Bank, the financial institution, and the consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information in the fashion currently presented in the public, and they surely do not have my written consent. Effective immediately any and all consent to XXXX, XXXX, and XXXX, Comenity Capital Bank, whether it be verbal, non-verbal, written, implied or otherwise is now revoked. 15 U.S. Code 6802 ( b ) ( c ) states that : " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Comenity Capital Bank never informed me of my right to exercise my nondisclosure option. Not only that, my right to make sure my private information isn't shared unfairly and in a matter that would reflect prejudice or biased treatment in public is further supported by 15 U.S. Code 1681C ( a ) ( 5 ) stating : " Except as authorized under subsection ( b ), no consumer reporting agency may 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 seven years. '' This account is an adverse item they are reporting again without my permission, which is reflecting prejudice or biased treatment. 15 U.S. Code 1666 ( b ) ( a ) states : A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 15 U.S. Code 1666 ( d ) states : Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumer 's account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumer 's current location is not known by the creditor and can not be traced through the consumer 's last known address or telephone number. Comenity Capital Bank, as the creditor and card issuer, is instead illegally reporting to the consumer reporting agencies inaccurate transaction information. All information not provided and verified as accurate from me the consumer is reasonable cause to believe that the information is inaccurate pursuant to 15 U.S. Code 1681s2 ( A ) ( 1 ) A which states : " 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. '' 15 U.S. Code 1681e states : " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' XXXX, XXXX, and XXXX are not maintaining reasonable procedures because of the abovementioned laws.