Consumer complaint received 2024-02-10 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: HYUNDAI CAPITAL AMERICA
State: GA

Complaint narrative:
I have requested for XXXX to provide me with a proof of investigation and original contract with furnisher on my consumer report and they have not provided me with any information. I have sent letter to them on XXXX/XXXX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. They have failed to provide me with any information I the consumer requested from my consumer report. That is a violation of my rights! According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX is the consumer reporting agency and I am the consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' 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. '' Furnisher of information to credit agencies is a financial institution by definition under that title. Per 15 USC 1681 ( a ) 2 ) speaks about EXCLUSIONS FROM THE CREDIT REPORT, it states that a report containing information solely as to transactions or experiences between the consumer and the person making the report, WHICH MEANS REPORTING TRANSACTION HISTORY ON MY CONSUMER REPORT IS ILLEGAL and should be corrected immediately. Per USC 1681b speaks on permissible purposes of the consumer report. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. I, THE CONSUMER, MUST GIVE WRITTEN CONSENT TO ADD ANYTHING TO MY CONSUMER REPORT WHICH I DID NOT GIVE ANY CONSENT TO FURNISH ANYTHING ON MY REPORT, WHICH MEAN THIS IS A VIOLATION OF THE FAIR CREDIT REPORTING ACT. Per 12 CFR 1022.3 states identity theft means a FRAUD committed or attempted using the identitying information of another person without authority. Again, anything added to my consumer report without MY WRITTEN CONSENT COULD BE CONSISTED IDENTITY THEFT. Per 15 USC 1681S 2 the responsiblity of the furnishers of information to consumer reporting agencies ( 1 ) prohibition ( A ) reporting information with actual knowledge of errors.. A person shall not furnish any information relating to the consumer to any consumer reporting agency IF THE PERSON KNOWS OF, HAS REASON TO BELIEVE THAT INFORMATION IS INACCURATE. I HAVE MAILED IN MULTIPLE LETTERS EXPLAINING THE ERRORS FOUND ON MY CREDIT REPORT AND ALSO REQUESTED FOR A COPY OF THE INVESTIGATION THAT TOOK PLACE TO VERIFY MY ACCOUNT AND ALSO REQUESTED ORIGINAL CONTRACTS WITH XXXX XXXX XXXX.. According to the Privacy Act of 1974 the term " record '' means any item, collection, or grouping of information about an individual that is maintained by an agency, including but not limited to his EDUCATION, FINANCIAL TRANSACTIONS, MEDICAL HISTORY, AND CRIMINAL OR EMPLOYMENT HISTORY AND THAT CONTAINS HIS NAME, OR IDENTIFYING NUMBER, SYMBOL, OR OTHER INDENTIFYINF PARTICULAR ASSIGNED TO THE INDIVIDUAL. Section B talks about Conditions of Disclosure which again I THE CONSUMER MUST GIVE WRITTEN CONSENT. Furthermore, per the IRS Publication a charge off is considered a certificate of indebtness which makes it income. INCOME CAN NOT BE FURNISHED ON A CONSUMER REPORT AND MUST BE DELETED.The non-response and failure to correct these inaccuracies have caused significant emotional and financial harm, affecting my ability to obtain credit and secure favorable interest rates. I have attached proof of the inconsistency and violations on my report as well as letters sent to the credit reporting agencies to correct the problem. I am giving you 4 days per FCRA 605B to correct these issues or I will be forced to go a step further and sue for damages.

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 explanation