Consumer complaint received 2024-04-03 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: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: FL

Complaint narrative:
One of the three nationwide consumer reporting agencies, TransUnion has ASSUMED a crucial role in gathering and assessing consumer credit along with other pertinent information about consumers. 

As stated by the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ), there is a clear emphasis on ensuring that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' According to Congress, The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 

As a federally protected consumer, it is fundamental to assert the right to safeguard my private and personal information, as reinforced by 15 USC 6801. This statute highlights Congress 's policy that it is the financial institutions ' obligation to uphold customer privacy and to protect the security and confidentiality, particularly concerning customers nonpublic personal information. XXXX XXXX, is a financial institution as defined under this title and falls under the purview of these regulations. 

15 USC 1681 section 604 ( a ) ( 2 ), states that " In general Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' As reflected under this title, TransUnion is only permitted to furnish consumer reports in alignment with the explicit written instructions of the consumer. 

In the context of Consumer reporting agency TransUnion and financial institution XXXX XXXX, the obligation to seek my consent, as the consumer, before sharing my information is paramount. Without such consent, whether expressed verbally, non-verbally, in writing, or implied, the actions taken by these entities are in violation of my consumer rights. 

Therefore, it is imperative to assert the revocation of any presumed consent granted to TransUnion and XXXX XXXX and all other furnishers of information to credit agencies. The sanctity of personal information and privacy rights must be prioritized, emphasizing the critical role of consumers in controlling the dissemination of our sensitive, personal data. 

Backing up 15 USC 1681, the provisions outlined in Public Law 90-321 ( 82 Stat. 146 ) enforces a more stringent code where consumer reporting agencies are restricted from accessing reports unless specifically requested by the head of a State or local child support enforcement agency. In line with this law, only State or local government officials authorized by the designated agency head are allowed to obtain these reports. This measure aims to secure the privacy and confidentiality of individuals ' information, particularly in cases related to child support enforcement matters.

15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' All financial institutions must provide an OPT OUT and/or nondisclosure notice for anything that is to be added to my consumer report. XXXXXXXX XXXX neglected to provide me notice and inform me of my right to exercise my nondisclosure option in compliance with and required by 15 USC 6802 ( a ) which states that " 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. 

Additionally, 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 
As of XX/XX/2024, This account is reporting adverse items that do not constitute records of convictions of crimes, without my consent or permission. Reporting such items without authorization is against the law. As a result of this unauthorized report, I have experienced a great deal of embarrassment, harm and emotional distress. 

Additionally, under 15 U.S. Code 1681a, ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include reports containing information solely regarding transactions or interactions between the consumer and the reporting entity. 

It should be noted that XXXX XXXX has disclosed transaction histories in my consumer credit report which is prohibited under this law. 

15 U.S. Code 1681s2 ( A ) ( 1 ) affirms that A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate Under the provisions of this title, it is clear that the reporting of inaccurate information to a consumer reporting agency is prohibited. 

Similarly, as outlined in 15 U.S. Code 1681e, " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Emphasizing the importance of consumer reporting agencies maintaining accurate procedures to prevent such inaccuracies. 

It has also been alleged that TransUnion has not been maintaining reasonable procedures. Failing to meet these standards raises concerns about compliance in the industry. 

Moreover, according to 12 CFR 1016.7, consumers have the right to opt out of reporting services at any time. This provision offers individuals the autonomy to control the information shared with consumer reporting agencies. As such, I am opting out of all of your reporting services. 

It is essential for all parties involved to adhere to the regulations and guidelines set forth in these statutes to ensure the accuracy and integrity of consumer information.

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 non-monetary relief