Consumer complaint received 2024-04-06 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: FIRST NATIONAL BANK OF OMAHA
State: NY

Complaint narrative:
NOTICE OF DEFAULT OPPORTUNITY TO CURE According to the FTC https : //www.ftc.gov/sites/default/files/documents/reports/40-years-experience-fair-credit-reporting-act-ftc-staff-report-summary-interpretations/110720fcrareport.pdf Section 604 ( a ) ( 2 ) allows CRAs to furnish consumer reports in accord with the written instructions of the consumer to whom it relates. 
1. CONSUMER INSTRUCTION A consumers written consent qualifies as an instruction that provides a permissible purpose under this section if it clearly authorizes the issuance of a consumer report on that consumer. For example, a consumers clear and specific written statement that I authorize you to procure a consumer report on me provides a permissible purpose under this section. However, the consumers signature on a form that includes the statement I understand that where appropriate, credit bureau reports may be
obtained is not a sufficiently specific instruction from the consumer to authorize a CRA to provide a consumer report. This language is more in the nature of a notification that a consumer report might be procured, as opposed to

a grant of permission to obtain the consumer report. 2. WRITTEN AUTHORIZATION A consumer may transmit written authorization electronically or by facsimile, in addition to regular mail or in person.111 The Electronic Signatures in Global and National Commerce Act ( ESIGN ) ( 15 U.S.C. 7001 et seq., Public Law 106-229 ; June 30, 2000 ) pro vides that a consumers consent is not invalid merely because it is communicated in electronic form. A consumers electronic signatur

e may be an acceptable method of providing written instructions under the FCRA. To be valid under the ESIGN Act, electronic authorization must be in a form that can be retained and retrieved in a perceivable form. Whether an e-mail, a mouse click yes, or other electronic means clearly conveys the consumers instructions depends on the specific facts. XXXXYou have responded to my cfpb complaint as followed " As previously stated, per the terms of your loan agreement, information regarding your loan may be reported to the credited bureaus. By signing the loan agreement, you agreed to these terms. " as described in the ftc inteperation consent must be clear for example i authorize you to obtain a credit report on me for any legal purpose in conncention with this " NOTE '' including reporting payment history account number name and social but the " loan agreement '' does not give me the opportunity to understand the capacity of the transaction and my rights
during the transaction *************************************************************************** XXXXFNBO you are not a Furnisher of information, in fact pursuant to 12 CFR 1022.41 ( c ) ( 2 ) you can not be a Furnisher because you acting as consumer reporting agency as defined pursuant to 603 ( f ) of the FCRA, My Identifying information pursuant to 12 CFR 1022.3 ( g ) ( 1 ) which is my name social security number, government identification number date of birth, pursuant to 12 CFR 1022.3 ( g ) 3 ) my account number which is a unique electronic identification number Used To identify me the consumer specifically, in conjunction with information regarding my transactions and experiences, which would be a consumer report pursuant to 603. ( d ) ( 1 ) ( A ) of the FCRA making you XXXXFNBO a consumer reporting agency due to the fact such information is bearing on my consumer credit worthiness, credit standing, credit capacity, character, general reputation, collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for credit and has a direct reflection on my credit score pursuant to 609 ( f ) ( 2 ) ( A ) ( i ) The FCRA is public law and ignorance to the law is no excuse pursuant to " 620 of the FCRA any officer or employee found responsible You are liable for your actions of knowingly and willfully provides information concerning an individual from the agencys files to a person not authorized to receive that information you are indebted {$5000.00} for such violations in accordance with the FRCA, please note i may take action against any related person for the corporation which they can be held liable for the fine directly and face jail time ________________________________________________________________________________ " Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agencys files to a person not authorized to receive that information shall be fined under title 18, United States Code , imprisoned for not more than 2 years, or both.

A consumer reporting agency may furnish a consumer report under the following circumstances and no other pursuant to 604 ( 2 ) In accordance with the written instructions of the consumer to whom it relates Permissible purposes of reports and under any other reason under 604 of the Fcra failed to comply with the requirement imposed under the FCRA pursuant 604 " ( 2 ) i have not given you any written consent to furnish a report on my behalf, for your actions of creating a consumer report on my behalf without consent pursuant to 616 of FCRA you are liable to i the consumer for such failure in an amount equal to the sum of " actual damages of my reputation and a violation of my rights to privacy has caused me to lose financial credit opportunity as a result of the failure to follow the requirements set forth by congress Pursuant to 602 ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. You failed to respect my privacy and are sharing my information with out my authority as a consumer reporting agency you failed to maintain reasonable procedures to limit the furnishing of consumer reports to the purposes listed under section 604, such action is in violation of the fcra " 607 ( a ). Compliance procedures, pursuant to " 616 ( 1 ) you are liable to i the consumer for such failure in an amount equal to the sum of " actual damages of my reputation and a violation of my rights to privacy has caused me to lose financial credit opportunity as a result of the failure to follow the requirements set forth by congress as a consumer reporting agency you failed to maintain reasonable procedures to limit the furnishing of consumer reports to the purposes listed under section 604, such action is in violation of the fcra " 607 ( a ). Compliance procedures '' 617. You're liable for your actions of negligent noncompliance of the rules set forth under the FCRA your liable to i the consumer as a result of your failure to follow the requirements of the FCRA in a amount of _____ for damages sustained as the result of your failure to follow requirements of the FCRA A consumer reporting agency may furnish a consumer report under the following circumstances and no other pursuant to 604 ( 2 ) In accordance with the written instructions of the consumer to whom it relates Permissible purposes of reports and under any other reason under 604 of the Fcra failed to comply with the requirement imposed under the FCRA pursuant 604 " ( 2 ) as i have not given you any written consent to furnish a report on my behalf, for your actions of creating a consumer report on my behalf without consent617. You're liable for your actions of negligent noncompliance of the rules set forth under the FCRA 604 ( 2 ), your liable to i the consumer as a result of your failure to follow the requirements of the FCRA in a amount of _____ for damages sustained as the result of your failure to follow requirements of the FCRA In addition i aware a financial institution may share my non public information to consumer reporting agencies in accordance with the GLBA, according to the cfpb interpretation of the FCRA quoted as followed __________________________________________________________________________ https : //files.consumerfinance.gov/f/documents/102012_cfpb_fair-credit-reporting-act-fcra_procedures.pdf A person, including a financial institution, may share information strictly related to its own transactions or experiences with a consumer ( such as the consumers payment history, or an account with the institution ) with any third party, without regard to affiliation, without becoming a consumer reporting agency. The Privacy of Consumer Financial Information regulations that implement the Gramm-Leach-Bliley Act ( GLBA ) may restrict this type of information sharing because it meets the definition of nonpublic personal information under the Privacy regulations. Therefore, sharing it with nonaffiliated third parties may be subject to an opt-out notice under the privacy regulations. In turn, the FCRA may also restrict activities that the GLBA permits. For example, the GLBA permits a financial institution to share a list of its customers and information such as their credit scores with another financial institution to jointly market or sponsor other financial products or services. This communication may be a consumer report under the FCRA and could potentially cause the sharing financial institution to become a consumer reporting agency.

Even if as a financial institution if you shared non public information of a consumers, customer such information is consider a

consumer report according to the FTC interpretation 5. REPORT CONCERNING A CONSUMERS ATTRIBUTES AND HISTORY. Information that does not identify a specific consumer does not constitute a consumer report even if the communication is used in part to determine eligibility. However, information may
constitute a consumer report even if it does not identify the consumer by name if it could otherwise reasonably be linked to the consumer.

____________________________________________________________________________ XXXX XXXX XXXX My name address, social security number, account number and payment history was shared with XXXX, XXXX, XXXX under the GLBA but the Cfpb told use such information can be a consumer report and the GLBA does not supersede the FCRA those for your in default obtaining my information and using my information to repeated share as a consumer report I am giving you my wirrten instructions to you to remove my information from all consumer reports and upudat the credit bureaus and demand a removal on my tradeline as you have no consent to furnish such information to any person With Explicit Reservation of all Right, Without Prejudice UCC 1-308 . 

XXXX XXXX

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