Consumer complaint received 2024-02-18
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: LEXISNEXIS (IL)

XXXX, XXXX, and LexisnExis continue to report a bankruptcy that they do not have authorization to report. XXXX, XXXX, and LexisNexis are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. 

248.124 Reasonable opportunity to opt out.

( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).

( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.

( 2 ) By electronic means.

( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.

( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.

( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.

( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.

( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.

( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).

( b ) Conditions of Disclosure.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 be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to 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 ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.

( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.

( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.

( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.

The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.

( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.

( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.

( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.

( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.

( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.

( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.

( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.

( h ) Rights of Legal Guardians.

For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.

( i ) ( 1 ) Criminal Penalties.

Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.

( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.

( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.

( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.

At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.

( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but