Consumer complaint received 2024-02-16 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: MARINER FINANCE, LLC
State: NC

Complaint narrative:
I am XXXX XXXX, a current resident of North Carolina. I am providing this letter as evidence of my attempt to mediate the ongoing issue with MARINER FINANCE LLC and myself. On several occasions, I have contacted MARINER FINANCE LLC VIA Branch Phone Number. I chose to use the Bank Branch number XXXX after an attempt to use the opt-out number XXXX listed in the introduction letter included with the check itself. When using this method, the process was completely computer-automated i was asked to put in my SSN which was nope satisfactory as I now exercise my right to not disclose my personal information in such a manner any further under 16 CFR 313.7 - Form of opt-out notice to consumers ; opt-out methods. I explored further into its system option to speak to a representative with no avail but there was no option to do so. Aside from seeking answers to a few questions that werent listed in the website FAQs, I was simply requesting them to remove this account from my consumer report. I am not disputing the loan that I have with MARINER FINANCE LLC for reasons that concern me about the equity created from our exchange. I am disputing their negligence in providing the appropriate electronic disclosures prior to closing loans with their customers. Before I obtained a loan through MARINER FINANCE LLC, I was unaware that finance companies are required to provide the Opt-Out disclosure form to their customers prior to the first payment and at the initial signing of the loan documents. Under 12 CFR ( a ) ( 1 ) Form of opt-out notice. If you are required to provide an opt-out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt-out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt-out right ( 2 ) Examples ( i ) Adequate opt-out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 1016.6 ( a ) ( 2 ) and ( 3 ) of this part, and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt-out direction would apply. ( ii ) Reasonable opt-out means. You provide a reasonable means to exercise an opt-out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt-out notice ; ( B ) Include a reply form together with the opt-out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt-out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt-out. ( j ) Delivery. When you are required to deliver an opt-out notice by this section, you must deliver it according to 1016.9 of this part Under 12 CFR 1016.9 ( a ) ( b ) ( 1 ) ( A ) : ( A ) In the case of financial institutions other than those described in 1016.3 ( l ) ( 3 ) of this part, post the notice on the electronic site and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service; or ( B ) In the case of financial institutions described in 1016.3 ( l ) ( 3 ), clearly and conspicuously post the notice on the electronic site and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service; I used the online Check Deposit Feature via my XXXX XXXX XXXXXXXX Checking Account on XX/XX/XXXX. When you read their Privacy Policy under TO LIMIT OUR SHARING it states : We can opt-out in small print and list their company website to initiate this process ( exhibit enclosed ). I would like to reiterate that this option was not available to me when signing the loan on XX/XX/XXXX. Leading me to believe that my private relationship with MARINER FINANCE would be forcibly shared with the credit reporting agencies. On XX/XX/XXXX, I called MARINER FINANCE LLC, LLC at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NC XXXX at XXXX regarding the interest rate of my loan. I also expressed my concern about possible abuse of North Carolina usury laws. I was met with disregard and disdain. In short, I received no answers and was met with any urgency via upper management or supervisor about getting the facts about the subjects of my concerns in writing. I understand the Usury Law States that " Interest '' is defined as the compensation allowed by law or fixed by the parties for the use or forbearance of money. " Usury '' is the taking or reserving of an illegal profit for the use of money. XXXX ( XXXX ) The Restatement of Contracts defines a usurious bargain as one " under which a greater profit than is permitted by law is paid or is agreed to be paid to a creditor by or on behalf of the debtor for a loan of money, or for extending the maturity of a pecuniary debt .... " RESTATEMENT OF CONTRACTS XXXX ( XXXX ) News and Observer, XXXX XXXX, XXXX, at XXXX, XXXX XXXX. See also XXXX ( XXXX ) XXXX, XXXX XXXX, XXXX, XXXX, at XXXX, col. 1. ' MacRackan v. Bank of Columbus, 164 N.C. 24, 80 S.E. 184 ( 1913 ) Brown v. Hialts, 82 U.S. 177 ( 1872 ). On XX/XX/XXXX I ordered all my consumer reports, in which I saw that Mariner Finance had reported to consumer reports without my knowledge. After also noticing that there was also a late payment reported on my XXXX XXXX Report. I found this quite upsetting being that Mariner Finances Privacy Term states in the section TRANSFER OF PERSONAL INFORMATION States : We do not transfer your personal information to third parties as that term is defined in the CCPA I then decided that the best course of action would be to Opt-Out of Sharing my Personal Information by following guidelines listed in Exercising Your Rights To exercise your access and, correction, deletion, and limitation of use and disclosure rights described above, please submit a verifiable request to us by calling us at XXXX and selecting option 3 requesting to have the account removed from my consumer file and that my private information not be shared with the credit reporting agencies as I continue my relationship with MARINER FINANCE LLC ( exhibit enclosed ) I was further disturbed to find out this was voice automated system that asks for your SSN to opt-out. 
As of XX/XX/XXXX, I had not received a response from MARINER FINANCE LLC LLC, nor has the account been removed from my consumer file. UPDATE FOR TODAY XXXX. I RECEIVED A NOTICE ON MY CONSUMER FILE FOR A 60DAY LATE PAYMENT. I've OPT-OUT having my information shared through their website and sent them a letter. I should not have any late payments reporting to my consumer file with any of the consumer reporting agencies. Basis of dispute : 1. Violation Under 12 CFR ( a ) ( 1 ) Form of opt-out notice. 2. Violation Under 12 CFR 1016.9 ( a ) ( b ) ( 1 ) ( A ) : 3. Violation of privacy under GRAMM-LEACH-BILEY ACT XXXX TITLE V PRIVACY Subtitle A Disclosure of Nonpublic Personal Information : SEC. 501. 15 USC 6801 PROTECTION OF NONPUBLIC PERSONAL INFORMATION. ( a ) PRIVACY OBLIGATION POLICY. ( b ) FINANCIAL INSTITUTIONS SAFEGUARDS. SEC. 502. OBLIGATIONS WITH RESPECT TO DISCLOSURES OF PERSONAL INFORMATION. ( a ) NOTICE REQUIREMENTS. ( b ) OPT OUT- 4. Violation 15 1681b ( 4 ) ( c ) ( 1 ) ( A ) Permissible purposes of consumer reports Proof of Harm : 1. This account is furnished on my credit report XXXX, XXXX, & XXXX. I am in the process of obtaining a pre-approval for a for XXXX XXXX and this an urgent medical emergency and this affects my debt-to-income ratio. 2. The late payment that has been reported has lowered my credit score significantly 3. My right to privacy has been violated by MARINER FINANCE LLC LLC. The protection of myself the consumer was not exercised due to the opt-out form not being furnished at the time of the loan signing. 4. MARINER FINANCE HAS DONE THIS TO MULTIPLE CONSUMERS AS OUTLINED IN THE ATTORNEY GENERAL LAWSUIT ATTACHED CASE XXXX

Company response to consumer: Closed with explanation