Consumer complaint received 2024-02-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: CAINE & WEINER COMPANY, INC. (TN)

On XX/XX/XXXX I sent to Caine & Weiner via certified mail XXXX XXXX XXXXXXXX XXXX XXXX XXXX ( received on XX/XX/XXXX ) ; a request for PROOF OF CONTRACT to substantiate their claim and demanded the following information : XXXX. A certified copy of the original signed contract between the original creditor and I.

2. Copies of any and all documentation from the original creditor displaying my name and/or social security number given to Caine & Weiner .

3. Copy of a 3rd party release ; signed by me from the original creditor releasing my information to Caine & Weiner.

4. A signed contract between Caine & Weiner and I to do business.

5. Your actual purchase price of said debt.

6. A copy of Caine & Weiner business license 7. Caine & Weiner Tax ID number 8. A copy of the state registration showing Caine & Weiner is in Active status.

9. All documentation of your Relationship with the original creditor. ( I.E. Contracts or Terms of Condition between you and Original Creditor ) Caine & Weiner did not provide any of the above requested information and did not substantiate their claim. 

Furthermore, on XX/XX/XXXX i submitted CFPB complaint # XXXX ; which stated " In accordance with the Fair Credit Reporting Act CAINE & WEINER COMPANY INC Account Number XXXX XXXX, has violated my rights. 15 U.S.C 1681 section 602 A states I have the right to privacy. 15 U.S.C 1681 section 604 A section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions.

I withdraw any consent, previously given in any form ( written, unwritten, verbal, and nonverbal ), for using and sharing my personal and financial information in relation to specific accounts on my consumer report. '' This account was then deleted from my consumer report on XX/XX/XXXX ( see attached ). 
After being deleted, Caine & Weiner once again furnished this information to XXXX without my consent, and once again violated my privacy rights pursuant to the above mentioned laws/US Codes . 

I subsequently filed another CFPB complaint # XXXX on XX/XX/XXXX which stated, " I withdraw any consent, previously given in any form ( written, unwritten, verbal, and nonverbal ), for using and sharing my personal and financial information in relation to specific accounts on my consumer report. 
Detailed Legal Framework : 1. 15 USC 6802 ( Gramm-Leach-Bliley Act ) : This statute is a key provision of the Financial Services Modernization Act, which requires financial institutions to provide customers with a privacy notice that explains the information collected, where it is shared, and how it is used. Importantly, it provides consumers the right to opt-out of their information being shared with nonaffiliated third parties. My request to XXXX, XXXX, and XXXX was based on this right. 2. Privacy Act of 1974 : This act establishes a code of fair information practices that govern the collection, maintenance, use, and dissemination of personal information about individuals that is maintained in systems of records by federal agencies. While primarily applicable to federal agencies, its principles are echoed in the consumer rights afforded under the FCRA, particularly regarding individuals ' control over their own personal information. 3. 16 CFR 313.7 ( Regulation P - Privacy of Consumer Financial Information ) : This part of the Code of Federal Regulations requires financial institutions to provide clear and conspicuous notice to consumers about their privacy policies and practices, describe the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties, and provide a method for consumers to prevent such disclosures by " opting out. '' 4. 15 USC 1605 ( Consumer Financial Protection Bureau portion of the Truth in Lending Act, also known as Regulation Z ) : This section of the Truth in Lending Act is enforced by the CFPB and governs the transparency of consumer credit transactions. The CFPB 's portion includes rules for fair handling of credit reports and ensuring accurate and fair credit billing and credit card practices. It also includes the enforcement of penalties for non-compliance with these provisions. My complaint relates to this law 's provision for enforcing fair and accurate credit reporting practices. Issues Encountered : Despite referencing these legal provisions in my opt-out letter and the ample time provided for the credit reporting agencies to respond and comply with my request, there has been no satisfactory acknowledgment or action. My personal and financial information continues to be handled in a manner that I believe is inconsistent with these legal provisions. '' *This account was once again deleted for a second time. * Caine & Weiner has now FOR A THIRD TIME VIOLATED MY PRIVACY RIGHTS AND THE ABOVE MENTIONED LAWS/CODES/ACTS/REGULATIONS ; as this account is currently being furnished on my consumer report without my consent. This consistent attempt to violate my rights and enforce an unsubstantiated debt now constitutes as fraud, defamation of character, extortion, and has cause pain & suffering.