Consumer complaint received 2024-03-21
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 (NJ)

XXXXXXXX XXXX XXXX XXXXXXXX has violated numerous laws and committing securities fraud under the SEC ACT of 1934. 

XXXX XXXX XXXX  has repeatedly violated 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information and pursuant of 15 U.S. Code 6805 - Enforcement thru 16 cfr 313.7 On XX/XX/XXXX. I contacted XXXX XXXX XXXX  in regards to my privacy and opt out notices and my sharing of my non-personal public information with non affiliates, such as Early Warning Services , LLC, who have had my monthly transaction history with my XXXX XXXX accounts without my written permission, which violated 15 u.s.c 1681b Impermissible purposes. I let them know that I contacted Early Warning Services , LLC, on XX/XX/XXXX. 

I inquired as to how they got permission to use my information and I was instructed that it was given to them by XXXX XXXXXXXX XXXX. I opted out of information sharing with Early Warning Services , LLC, and I subsequently opted out with XXXX XXXX XXXX. I was never given the reasonable opportunity to opt out according to 16 c.f.r 313.7a ( 1 ) 313.7 Form of opt out notice to consumers ; opt out methods. 

( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. AS required by law, my monthly statement does not include ANY reasonable OPT OUT option on the statement, violating 16 c.f.r 313.7 ( A ) ( 2 ) ( ii ) ( A ) - ( D ) ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. 

After opting out, I noticed that with balance history changed weekly on XXXX, XXXX and XXXX. I also saw that they were reporting late payments, which is a violation of the 15 u.s.c. 1666b Timing of Payments on an open ended consumer plan. 
According to the term consumer report in respect to 15 u.s.c 1681b : ( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

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

XXXX XXXX XXXX is reporting " personal characteristics '' of my consumer report to non affiliates monthly, such as Early Warning Services , LLC, XXXX, XXXX, XXXX and XXXX XXXX, who are not actually consumer reporting agencies, but investment organizations, which are publicly traded, which lawfully holds them accountable under the SEC ACT of 1934. 

According to XXXX XXXXXXXX XXXX Form XXXX, they have stated that they would follow all rules pursuant to the SEC ACT of 1934, which they have clearly violated numerous times. 

Since they signed the agreement they are also liable for making false statements for their opt out clauses, reasonability to opt out and opt out forms. 

15 U.S. Code 78r - Liability for misleading statements U.S. Code Notes prev | next ( a ) Persons liable ; persons entitled to recover ; defense of good faith ; suit at law or in equity ; costs, etc.

Any person who shall make or cause to be made any statement in any application, report, or document filed pursuant to this chapter or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection ( d ) of section 78o of this title, which statement was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, shall be liable to any person ( not knowing that such statement was false or misleading ) who, in reliance upon such statement, shall have purchased or sold a security at a price which was affected by such statement, for damages caused by such reliance, unless the person sued shall prove that he acted in good faith and had no knowledge that such statement was false or misleading. A person seeking to enforce such liability may sue at law or in equity in any court of competent jurisdiction. In any such suit the court may, in its discretion, require an undertaking for the payment of the costs of such suit, and assess reasonable costs, including reasonable attorneys fees, against either party litigant.

( b ) Contribution Every person who becomes liable to make payment under this section may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment. 

( c ) Period of limitations No action shall be maintained to enforce any liability created under this section unless brought within one year after the discovery of the facts constituting the cause of action and within three years after such cause of action accrued.