Consumer complaint received 2024-04-01 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: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
Early Warning, Bank of America and XXXX XXXX are currently in violation and are subject to {$1000.00} per violation. Per the FCRA and as a federally protected consumer, I am now opting out of ANY and ALL authorization I the consumer may have given you, be that written, unwritten, verbal and nonverbal. I am also opting out of any and all authorization to give my information to a third party pursuant to 15 U.S. Code 6802. This is effective immediately and indefinitely. 
Bank of America and XXXX XXXX are in direct violation of 15 U.S. Code 6802 ( b ) and 15 U.S. Code 1681e because they shared private information without my knowledge or consent. Bank of America and XXXX XXXX are also in clear and direct violation of 12CFR1016.4 ( a ) because they gave me absolutely no notice or option to opt out at any time. Bank of America and XXXX XXXX are also in violation of section 5 U.S.C. 552a ( b ) of The Privacy Act of 1974. Outlined below are numerous other consumer laws that XXXX XXXX, Bank of America and XXXX XXXX are in violation of.

REPORTING TRANSACTION HISTORY IS ILLEGAL.

Per 15 U.S. Code 6801 It is the policy of the Congress that each financial institution ( Bank of America and XXXX XXXX ) 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. 
So I, have the right to ensure that my private information is NOT SHARED and because Early Warnings, Bank of America and XXXX XXXX are sharing financial information in my name, they are in direct violation of this law.

Congress also states in subsection ( 3 ) of 15 U.S. Code 6801 that these institutions must : protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 

XXXX XXXX, Bank of America and XXXX XXXX are in absolute violation of this law because they have caused me extreme harm and many inconveniences by unlawfully sharing derogatory information in my name with third parties without my knowledge and/or consent!

15 U.S. Code 6802 ( a ) states as follows : ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution ( Bank of America and XXXX XXXX ) may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

15 U.S. Code 6802 ( b ) states as follows : ( 1 ) IN GENERAL A financial institution ( Bank of America and XXXX XXXX ) 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.

15 U.S. Code 6802 ( e ) states : Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information with the consent or at the direction of the consumer { as stated in 15 U.S. Code 6802 ( e ) ( 2 ) } 15 U.S. Code 1681s2 ( 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. 

I have already clearly and concisely proven to XXXX XXXX that the information that they are displaying on my credit report is in fact inaccurate and they failed to comply with FCRA laws. So, again, at this time, I am choosing to exercise my right to opt out!

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.

As CLEARLY written on the CFPB website, 12CFR1016.4 ( a ) states that there is an : Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part.

This is a clear violation against myself, the consumer because Early Warning failed to provide me with ANY notice reflecting their policies OR giving me the opportunity to opt out prior to sharing and disclosing my personal and private information with third parties.

The CFPB website also clearly states in section 12CFR1016.7 ( a ) ( 1 ) ( 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. 
XXXX XXXX, XXXX XXXX, and Bank of America have at no time ever disclosed to me, the consumer, that they were disclosing my personal information to nonaffiliated third parties, so this is yet another violation. 

In addition, Early Warnings, Bank of America, and XXXX XXXX are in direct violation of section 5 U.S.C. 552a ( b ) of The Privacy Act of 1974 which states as follows : 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.

Early Warnings, Bank of America and XXXX XXXX are also in direct violation of 16 CFR Part 313 PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION 16 CFR 313.7 ( a ) ( ii ) states that the consumer has the right to opt out of that disclosure.

16 CFR 313.7 also states in the following subsections : ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.

( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

( g ) Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship.

16 CFR 313.8 ( a ) states : Except as otherwise authorized in this part, you must not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than as described in the initial notice that you provided to that consumer under 313.4, unless : ( 1 ) You have provided to the consumer a clear and conspicuous revised notice that accurately describes your policies and practices ; ( 2 ) You have provided to the consumer a new opt out notice ; ( 3 ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( 4 ) the consumer does not opt out. 



Early Warnings, XXXX XXXX and Bank of America are also in direct violation of 16 CFR 313.9 ( a ) which clearly states : You must provide any privacy notices and opt out notices, including short-form initial notices, that this part requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.

16 CFR 313.10 ( b ) ( 1 ) states that : you must comply with this section, regardless of whether you and the consumer have established a customer relationship ( 2 ) Unless you comply with this section, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer that you have collected, regardless of whether you collected it before or after receiving the direction to opt out from the consumer.

15 U.S. Code 1681c clearly outlines the requirements relating to information contained in consumer reports. 1681c ( a ) states this : Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Subsection ( 5 ) states that : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 
Yet another violation, because XXXX XXXX, Bank of America and XXXX XXXX are reporting adverse items, and it is being reported without my permission. 

Lastly, these laws must be enforced by the Consumer Financial Protection Bureau as stated in : 15 U.S. Code 6805 ( a ) Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.

Company response to consumer: Closed with explanation