Consumer complaint received 2024-02-23 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: CREDIT ACCEPTANCE CORPORATION
State: NJ

Complaint narrative:
RE : Credit acceptance Account XXXX and XXXX I, XXXX XXXX, am a federally protected consumer, and victim of identity theft. I am writing to formally exercise my right to opt out of, as per the provisions of the Gramm-Leach-Bliley Act ( 15 USC 6802 ) and the Privacy Act of 1974. 
My status as a victim of identity theft compels me to take active measures to protect my personal information. The provisions of the Gramm-Leach-Bliley Act, codified in relevant part primarily at 15 U.S.C. 6801-6809, 6821-6827, afford me the right to safeguard my data and prevent unauthorized disclosure. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which state 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. '' I am invoking my right to opt out of any and all authorizations that I may have previously given you, whether written, unwritten, verbal, or non-verbal for the sharing of my personal information with consumer reporting agencies or any other entities. 
Under the Fair Credit Reporting Act, 15 USC 1681 section 602a states, " There is a need to ensure that consumer reporting agencies exercise their great responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX, XXXX, and XXXX are consumer reporting agencies. XXXX, XXXX, and XXXX, and CREDIT ACCEPTANCE, are financial institutions under title 15 USC 6801. 15 USC 1681 section 604 a section 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. '' CREDIT ACCEPTANCE, a financial institution and the Consumer reporting agencies, XXXX, XXXX, XXXX, and XXXX XXXX DO NOT have my consent, written or verbal, to furnish this information. Any and all consent to CREDIT ACCEPTANCE XXXX, XXXX, XXXX, and XXXX XXXX, whether it be verbal, non-verbal, written, implied or otherwise is revoked. 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. CREDIT ACCEPTANCE, XXXX, XXXX, XXXX, and XXXX XXXX Never informed me of my right to exercise my nondisclosure option. 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 : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. ''These accounts are adverse items they are reporting without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states, " 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. 15 U.S. Code 1681e states, ''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. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Furthermore, 12 CFR 1016.7 states that, " A consumer may exercise the right to opt out at any time. I am opting out of your reporting services. 
In accordance with the Privacy Act of 1974, which states, No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, and the relevant identity theft laws, I expect that you honor my request to cease using or sharing my personal information, and to take the necessary steps to rectify the reported discrepancies resulting from the identity theft. I also request in accordance with, 15 U.S. Code 1681n - Civil liability for willful noncompliance, damages be paid in the amount of {$57000.00}. This amount accounts for 57 monthly instances of negative and inaccurate reporting @ {$1000.00} per monthly instances for the following accounts : Credit acceptance account XXXX and XXXX. XXXX has XXXX occurrences ; XXXX has XXXX occurrences and XXXX has XXXX occurrences ( including 14 months of no positive reporting for current account ). All these instances have caused great financial and mental stress and anguish. I request written confirmation that my opt-out request has been fully processed and these accounts be removed from my profile and my personal information will no longer be shared for purposes other than those permitted by law. 
I trust that you will give this matter the urgent attention it deserves, and I anticipate your cooperation in rectifying the issue and upholding my rights as a federally protected consumer and victim of identity theft. 

Sincerely, 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