Consumer complaint received 2024-04-03
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 (CA)

I am writing to address several violations committed by Early Warning, which have come to my attention. As per the Fair Credit Reporting Act ( FCRA ) and in recognition of my rights as a federally protected consumer, I am hereby exercising my right to opt out of any and all authorizations granted to Early Warning, including those given verbally, nonverbally, or in writing, regarding the sharing of my personal information with third parties pursuant to 15 U.S. Code 6802. Reporting transaction history is illegal without my consent. This is effective IMMEDIATELY AND INDEFINITELY.

Under the Fair Credit Reporting Act ( 15 USC 1681 section 602 a ), it is emphasized that consumer reporting agencies must uphold their responsibilities with fairness, impartiality, and a regard for consumer privacy rights. Early Warnings falls under the umbrella of consumer reporting agencies, while I, as the Consumer, retain the right to safeguard my private information, as reinforced by 15 USC 6801. As per 15 USC 1681 section 604 a section 2, consumer reporting agencies like Early warnings can only furnish a consumer report with the explicit written instructions of the concerned consumer. 15 USC 6802 ( b ) ( c ) mandates that a financial institution can not disclose nonpublic personal information to third parties without informing the consumer about their right to opt out of such disclosures. 
Additionally, according to 15 USC 1681C ( a ) ( 5 ), consumer reporting agencies are prohibited from including adverse items of information in a consumer report without authorization, particularly if they antedate the report by more than seven years. The accounts in question are adverse items being reported without my consent, thus violating the law.

Furthermore, under 15 U.S. Code 1681s2 ( A ) ( 1 ), it is unlawful to furnish inaccurate information to consumer reporting agencies, and every consumer reporting agency is required to implement reasonable procedures to prevent violations of reporting restrictions. However, Early Warnings is not adhering to these standards.

It has also come to my attention that Early Warning has failed to comply with the Initial Notice Requirement outlined in 12CFR1016.4 ( a ) of the Consumer Financial Protection Bureau ( CFPB ) website. This failure includes neglecting to provide a clear and conspicuous notice reflecting their privacy policies and practices, as well as not affording me the opportunity to opt out prior to disclosing my personal information to third parties.

Furthermore, Early Warning is in violation of 12CFR1016.7 ( a ) ( 1 ) by not disclosing to me, the consumer, the sharing of my personal information with nonaffiliated third parties, thereby denying me the right to opt out as mandated.

In addition to these violations, Early Warnings is also in direct contravention of the Privacy Act of 1974 ( 5 U.S.C. 552a ( b ) ), which prohibits the disclosure of records contained in a system of records without the prior written consent of the individual to whom the record pertains.

Moreover, Early Warning 's actions violate 16 CFR Part 313 regarding the privacy of consumer financial information, particularly sections 313.7, 313.8 ( a ), 313.9 ( a ), and 313.10 ( b ) ( 1 ). These violations encompass failure to provide adequate privacy notices, non-compliance with opt-out requirements, and unauthorized disclosure of nonpublic personal information.

These breaches must be addressed, enforced, and remedied as per the enforcement responsibilities outlined in 15 U.S. Code 6805 ( a ), which designates the Consumer Financial Protection Bureau ( CFPB ), Federal functional regulators, State insurance authorities, and the Federal Trade Commission for the enforcement of such laws.