Consumer complaint received 2023-04-24
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.

Complaint:
SEE ATTACHED DOCUMENTSNON PUBLIC PRIVATE INFORMATION IS REPORTED WITHOUT MY PERMISSION identity theft report ( 4 ) Identity theft report. The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.

15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) IN GENERALSubject 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.

( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.

( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.

( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.

( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.

( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.

( b ) CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR EMPLOYMENT PURPOSES ( 1 ) CERTIFICATION FROM USERA consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.

( 2 ) DISCLOSURE TO CONSUMER ( A ) In generalExcept as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.

( B ) Application by mail, telephone, computer, or other similar meansIf a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.

( C ) ScopeSubparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.

( 3 ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In generalExcept as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.

( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.

( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.

( C ) ScopeSubparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.

( 4 ) EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief