Consumer complaint received 2024-01-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: ENCORE CAPITAL GROUP INC. (WA)

Subject : Exercise of Rights Under the Fair Credit Reporting Act and Revocation of Consent to Furnish Personal Information To Whom It May Concern, I am writing to formally assert my rights as a consumer under the Fair Credit Reporting Act ( FCRA ) and to express my concerns regarding the handling of my personal and financial information by consumer reporting agencies, specifically XXXX, XXXX, and XXXX, as well as any associated financial institutions furnishing information to these agencies. 
As outlined in 15 USC 1681, Section 602 ( a ), the FCRA emphasizes the importance of consumer reporting agencies upholding their serious responsibilities with fairness, impartiality, and a respect for consumer privacy. It has come to my attention that my rights, as protected under this act, may not have been fully honored.

Furthermore, 15 USC 6801 enunciates the congressional policy mandating financial institutions to respect the privacy of their customers and safeguard the confidentiality of their nonpublic personal information. As a consumer, I am entitled to have my privacy respected and my information protected.

Under 15 USC 1681, Section 604 ( a ) ( 2 ), it is specified that a consumer reporting agency may only furnish a consumer report with the explicit written consent of the consumer. I hereby declare that I have not provided written consent to XXXX, XXXX, XXXX, or any furnisher of information to these agencies, and I am exercising my right to revoke any presumed consent, whether it be verbal, non-verbal, written, implied, or otherwise. 

Additionally, as per 15 USC 6802 ( b ) ( c ), a financial institution is prohibited from disclosing nonpublic personal information to a nonaffiliated third party unless the consumer has been informed of their right to opt out and has been given an opportunity to do so. I have not been appropriately informed of this right by the furnisher of information to the credit agencies.

Moreover, 15 USC 1681C ( a ) ( 5 ) restricts the reporting of adverse information exceeding seven years in age. It appears this provision may have been disregarded in my case.

15 USC 1681s-2 ( A ) ( 1 ) obligates furnishers of information to refrain from providing data to consumer reporting agencies if they know or have reason to believe the information is inaccurate. A consumer reporting agency must also maintain reasonable procedures to prevent violations of Section 1681c, as per 15 USC 1681e.

In light of these considerations and in accordance with 12 CFR 1016.7, which states that a consumer may opt out at any time, I am formally opting out of your reporting services and requesting the cessation of any further dissemination of my information by XXXX, XXXX, or any related financial institutions. 

I expect a timely response confirming that my request has been honored and detailing the steps taken to remove my personal information from your records and prevent future disclosures. 

Please consider this letter as an official complaint to be filed with the Consumer Financial Protection Bureau ( CFPB ), and take immediate action to rectify any noncompliance with the aforementioned legal provisions. 

Thank you for your prompt attention to this serious matter.