Consumer complaint received 2024-03-24
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Early Warning Services, LLC (PA)

My bank ( XXXX XXXX ) violated my consumer rights under the privacy act of 1974, the FCRA 15 USC 1681b, 15 USC 6801 -6805, 16 CFR 313.1, 16 CFR 313.7 and the terms and conditions credited to me upon the opening of my accounts with them. XXXX, XXXX, XXXX, XXXX XXXX  and Early Warning services are all third party companies in which XXXX XXXX provided my information without my written or verbal consent and blatantly going against the terms and conditions in the consumer privacy notice. When I asked the three credit bureaus XXXX XXXX and XXXX where they obtain the misinformation on my credit report from they received it from a 3rd party of some sort but would not fully disclose the matter. Early warning said they received the information from my bank and that's who I would have to take up the matter with. I asked early warning did they receive my letter to opt out they said that they don't give me an option to opt out because they don't provide a product of any sort. XXXX would not fully disclose any information Even though I reached out to them numerous times via email and letter their reason was they were unable to confirm my identity because of the misinformation one of the credit XXXX had on my credit report they spell my name XXXX and allowed things on my credit that were not authorized by me. These violations hurt me financially mentally and emotionally to the point where I even lost my fiance behind the financial hardship that it has cause overtime. 



313.1 Purpose and scope. 

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices. 



( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. 



15 U.S. Code 6801 - Protection of nonpublic personal information U.S. Code Privacy obligation policy 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. 



nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. 



15 U.S. Code 6802 - Obligations with respect to disclosures of personal information U.S. Code ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 



( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 



16 CFR 313.7f ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 



604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), 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, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.

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