Consumer complaint received 2023-12-30 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: Lendmark Financial Services
State: OH

Complaint narrative:
" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy, '' according to section 602a of the Fair Credit Reporting Act, 15 USC 1681. I am the consumer, and the consumer reporting organizations are XXXX and XXXX. According to 15 USC 6801, " 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, '' I have the right to ensure that my private information isn't shared. By definition, an organization that provides information to credit agencies falls under the category of financial institution. Section 2 of 15 USC 1681 section 604 says that " In general Any consumer reporting agency, subject to paragraph ( c ), may provide a consumer report in the following situations only : in compliance with the customer 's written instructions. '' ( Info provider to credit agencies ) The banking institution and the consumer reporting agencies XXXX, XXXX and XXXX do not have my written consent, nor do they have my consent to provide this information. All spoken, nonverbal, written, implied, and other consents to XXXX and XXXX ( providers of information to credit agencies ) are withdrawn. 15 USC 6802 ( b ) ( c ) provides that " A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' In addition, 15 USC 1681C ( a ) ( 5 ) states that " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedate the report by more than seven years. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. '' They are re-reporting this account as an unfavorable item without my consent, which is illegal.A person is prohibited from providing any consumer-related information to a consumer reporting agency if they know or have reasonable suspicion that the information is incorrect, according to 15 U.S. Code 1681s2 ( A ) ( 1 ) A. According to 15 U.S. Code 1681e, " Every consumer reporting agency shall maintain reasonable procedures designed to prevent violations of this title 's section 1681c and to limit the furnishing of consumer reports to the purposes listed under section 1681b. '' Reasonable processes are not being upheld by XXXX and XXXX. Furthermore I'm opting out of your reporting services in accordance with 12 CFR 1016.7, which provides that " A consumer may exercise the right to opt out at any time. '' 18 USC 1681- Permissible purposes of consumer reports Violation of the privacy Act of 1974 5 USC 552a- Records maintained on individuals- 15 USC 1681 ( s ) 2 ( b ) - Responsibilities of furnisher of information to consumer reporting agencies 16 CFR 444.1- Unfair or deceptive cosigner practice 16 CFR 444.4- late charges, In connection with collecting a debt arising out of an extension of credit to a consumer in or affection commerce, as commerce is defined in the FEDERAL TRADE COMMISSION ACTS, It is an unfair act or practice within the meaning of section % of that act for a creditor, directly or indirectly, to levy or collect any delinquency charge on a payment, which payment is otherwise a full payment for the applicable period and is paid on its due date or within an applicable grace period, when the only delinquency charges, assessed on earlier installments.

15 USC 1666b ( a ) A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.

Company response to consumer: Closed with explanation