Consumer complaint received 2024-04-18 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: National Credit Adjusters, LLC
State: FL

Complaint narrative:
RE : ACCOUNT NO : XXXX / NCA ACCOUNT NO : XXXX NATIONAL CREDIT ADJUSTER LLC is reporting my information to the national credit reporting agencies without my written consent pursuant to the Fair Credit Reporting act 603 - 15 U.S.C. 1681a ( o ) Excluded communications. A communication is described in this subsection if it is a communication : ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; as clearly stated in the fair credit reporting act NATIONAL CREDIT ADJUSTERS LLC needs my written consent, three times, before they can create a communication. I do not have a contract with NATIONAL CREDIT ADJUSTERS LLC to do business with them. They do not have my written consent to communicate my information. NAITONAL CREDIT ADJUSTERS LLC is clearly violating the fair credit reporting act since they are communicating my information without my written consent. The Fair Credit Reporting act also clearly states 603 - 15 U.S.C. 1681a ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; with this being said it is clear that NATIONAL CREDIT ADJUSTERS LLC is committing another violation, their second violation of the Fair Credit Reporting act, by reporting this account as a collection account. they are reporting the experience between the consumer and the person making the report. it is clear that NATIONAL CREDIT ADJUSTERS LLC think it is above federal law since they have multiple violations of the Fair Credit Reporting act 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] ( a ) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; NATIONAL CREDIT ADJUSTERS LLC is liable to me, the consumer, under [ 15 U.S.C. 1681n ] for {$1000.00} per violation of the Fair Credit Reporting Act. NATIONAL CREDIT ADJUSTERS LLC has been committing these violations stated above since XXXX XXXX every month since XX/XX/XXXX NATIONAL CREDIT ADJUSTERS LLC has been committing Mutiple violations of the Fair Credit Reporting Act. 

NATIONAL CREDIT ADJUSTERS LLC is also in violation of The Gramm-Leach-Bliley Act ( Public Law 106-102 ) that was signed into law on XX/XX/XXXX. Section 501 of this Act calls for the protection of non-public personal information. Section 501 ( a ) 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. '' This also stated in 15 U.S. Code 6801 - Protection of nonpublic personal information ; ( a ) Privacy obligation policy.

Also, as pursuant to 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ; ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 
NATIONAL CREDIT ADJUSTERS LLC has not provided me with a notice that complies with section 15 USC 6803, this action is also a violation because NATIONAL CREDIT ADJUSTERS XXXX disclosed my nonpublic personal information to a nonaffiliated third party and they did NOT provide me with a notice pursuant to 15 USC 6803. 

financial institution ( A ) In general The term financial institution means any institution the business of which is engaging in financial activities as described in section 1843 ( k ) of title 12.

By definition NATIONAL CREDIT ADJUSTERS LLC is a Fianacial institution. 

I have provided NATIONAL CREDIT ADJUSTERS LLC a opt-out letter pursuant 15 USC 6802 through certified mail, I have documentation proving I sent them this letter, which they have dishonored because NATIONAL CREDIT ADJUSTERS LLC is still reporting my nonpublic information, clearly without my consent. I have made NATIONAL CREDIT ADJUSTERS LLC aware of their multiple violations via CFPB complaint portal. NATIONAL CREDIT ADJUSTERS LLC is willfully committing these violations with NO respect to the consumer or Federal laws. 

15 U.S. Code 6805 - Enforcement ; ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. 

Pursuant to 15 USC 6805 it is the responsibility of the Bureau of Consumer Financial Protection to enforce these laws that NATIONAL CREDIT ADJUSTERS LLC is clearly and intentionally violating.

Company response to consumer: Closed with explanation