Consumer complaint received 2024-03-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: WELLS FARGO & COMPANY (TX)

XXXX, XXXX, XXXX, and Wells Fargo XXXXS are all violating my federally protected rights under 15 US Code 1681 ( FCRA ) and the CFR 's these companies agree to follow. I opted-out of Wells Fargo CS reporting negative remarks on my credit report on XX/XX/2024. They did not respond. I then submitted a CFPB complaint regarding my report and they did respond in writing, but did not address the opt-out laws they are supposed to follow. Instead what they told me in their response was that I gave them permission when I signed up for a credit card for them to report what they did to the credit bureaus. This completely dodges the issue and Wells Fargo refused to honor my right ( and action ) to opt-out under 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods which clearly states a financial " 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. '' This is on top of the fact that under 12 CFR 1016.7 ( g ) Time to comply with opt out ; Wells Fargo must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. They received it twice. It has been more than 40 days since the second time they received my direction. Please reference complaint number " XXXX '' for proof. Furthermore, XXXX, XXXX, and XXXX are in violation of 15 USC 1681. The fact that these entities received a complaint forwarded to them from the CFPB in XXXX XXXX containing the letter that was sent to Wells Fargo in XXXX ( attached for reference ) and yet all kept the adverse information on my report without my authorization or consent proves the fact that all three of them are committing Identity Theft as defined in 12 CFR 1022.3 Definitions. That definition is " a fraud committed or attempted using the identifying information of another person without authority. '' This means anything unauthorized on my credit report is considered Identity Theft under this code. I personally contacted the bureaus to verbally let them know that they are violating my rights and none of them agreed to remove the unauthorized content from my report. This is " Willful noncompliance '' under 15 USC 1681n - Civil liability for willful noncompliance which states " Any person who willfully fails 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 ( 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 false 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. '' I demand immediate compensation under this code from all XXXX bureaus in violation for the sum of {$1000.00} per violation. As far as the violations with Wells Fargo goes, that is {$6000.00} for the transactions, and another {$2000.00} for the derogatory remarks on my account. According to 15 U.S. Code 1681b - Permissible purposes of consumer reports ( 2 ), They need my written consent to add anything to your consumer report. I revoked the authorization in XXXX, therefore the bureaus and Wells Fargo are in violation of the Fair Credit Reporting Act. Furthermore, P.L 90-321 ( 82 Stat. 146 ) which is the law that backs the previous code is even stricter as it states that any agency can only get my report in response to a request by the head of a State or local child support enforcement agency. I demand to see such a request by any of the companies violating my rights. According to 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports, NO adverse item besides the conviction of crimes should be on your report. Any item that is a derogatory mark is not allowed into consumer reports. Thus, this is another violation. It would be an understatement to simply say these companies are causing myself and my family stress and anxiety. The truth is they are working together to cause harm to my family and my mental state. I will not stand for this and demand compensation for their gross violations of my rights.