Consumer complaint received 2023-12-21 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: UPGRADE, INC.
State: NJ

Complaint narrative:
Per the Federal Credit Reporting Act as a federally protected consumer, per 15 USC 6802 I XXXX XXXX XXXX am now OPTING OUT of ANY AND ALL Authorization I, the consumer may have given to UPGRADE, INC written, unwritten, verbal or non verbal to report my nonpublic personal information. UPGRADE, INC is in violation of the Privacy Act of 1974 as well as 12 CFR 1022.24 Reasonable opportunity to opt out because I was never notified by UPGRADE, INC that my nonpublic personal information was going to be shared to non affiliated third parties such as XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX and I was NEVER GIVEN THE CHANCE TO OPT OUT. Also, 15 USC 6508 states that I have the option to opt out of any account reported to my credit report and I am supposed to receive an opt out notice every thirty ( 30 ) days which UPGRADE, INC never sent to me. I am hereby exercising my rights under 16 CFR 313.7 Form of opt out notice to consumers. Also, UPGRADE, INC violated the terms and conditions within their banking agreement, because UPGRADE, INC states that they do not provide consumer information to third-parties which they violated by reporting my nonpublic personal information to the credit reporting agencies listed above. According to 15 USC 6802 B ) I am supposed to receive THREE different disclosures before my nonpublic personal information is shared but I never received notice.

UPGRADE, INC ALSO unlawfully sold this debt to a third party XXXX XXXX XXXXXXXX XXXX XXXX XXXX. AFTER the debt had already been tendered in accordance with UCC 3-603 et al. I have never had a contract or agreement with XXXX XXXX XXXXXXXX XXXX XXXX XXXX and I do NOT consent to them reporting any account to my credit report. I am hereby invoking all rights under to OPT OUT and to Privacy protected by 15 USC 6802 B, 12 CFR 1022.24, 15 USC 6508, 16 CFR 313.7, the Privacy Act of 1974 et al. Please see 15 USC 6802 B ) OPT OUT below.

A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Finally, UPGRADE, INC is in clear violation of 15 USC 45 - Unfair methods of competition for their failure to update the records after receiving tender of the full balance of the debt in accordance with the Electronic Funds Transfer Act as well as their acts of securities fraud and Tax evasion which I intend to report as a whistleblower via form IRS form 3949A.

To conclude, the above listed credit reporting agencies are in violation of 15 usc 1681 sec 604a section 2, because it states that a Consumer reporting agency can not furnish an account w/o my written instruction. I did NOT give consent nor written instruction to XXXX XXXX XXXX XXXX XXXX to report the UPGRADE, INC account and supporting nonpublic personal information such as the transaction history and balance.

Also, The credit reporting agencies are in violation of 15 usc 1681 sec 604a section 2, because it states that a Consumer reporting agency can not furnish an account w/o my written instruction. I did NOT give consent nor written instruction to XXXX XXXX XXXX XXXX XXXX to report my nonpublic personal information.

Company response to consumer: Closed with explanation