Consumer complaint received 2024-02-08 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: UNITED SERVICES AUTOMOBILE ASSOCIATION
State: SC

Complaint narrative:
According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' 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. '' USAA is a financial institution by definition under that title. 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. '' USAA the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely can not share this do not have my written consent. 

Please see attached file for my opt out request. 

Any and all consent to XXXX, XXXX, USAA 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. '' The last credit card statement doesn't show how can I use this option to opt out. 

Please see attached file.

USAA never informed me of my right to exercise my n

ondisclosure option. Not only that 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. '' This account is an adverse item they are reporting again 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. USAA, XXXX and XXXX are not maintaining reasonable procedures. Also 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. With the date of XXXX XXXXXXXX XXXX 

And as stated in CFPB claim : XXXX Also the previous CFPB claim : XXXX, USAA stated the following : " The USAA FSB credit bureau reporting policies apply uniformly to all members without exception or opt-out. '' The statement above is refusing me to opt out and it's against the law that I referenced above. 


Here is their statement on CFPB claim : XXXX Company 's Response We are responding to the concerns you outlined in your correspondence to the Consumer Financial Protection Bureau regarding information USAA Federal Savings Bank ( FSB ) is reporting to consumer reporting agencies ( CRA ) about your accounts. Our Bank Member Advocacy ( BMA ) staff thoroughly reviewed your account history via documented actions, bank systems, and a non-inquiry consumer credit report. Records show you have three USAA credit card accounts. The USAA Credit Card Agreement ( Agreement ), which you accepted when you activated and used the accounts, states, in part, You agree that we may also report information about the Account to consumer reporting agencies. We may report information about the Account in the name of any Cardmember or Authorized User. Information we report may appear on the credit report and may impact the credit score of any Cardmember or Authorized User. The Agreement further stipulates, We must receive payment of at least the Minimum Payment Due by the Payment Due Date disclosed on your billing statementYou must follow the Payment Conditions that we provide to you on your billing statement. Payments you make after the due date are considered late and reportable. USAA FSB provided the Agreement to you when you established each of your credit card accounts, and it is available for review at usaa.com. The USAA Privacy Promise also discloses USAA can share your private information with the CRA. USAA provided the Privacy Promise to you when you established your credit card accounts. USAA also sends the Privacy Promise to members on an annual basis, and it is available for review at usaa.com. The USAA FSB credit bureau reporting policies apply uniformly to all members without exception or opt-out. XXXX XXXX, BMA confirmed that USAA FSB managed your credit card accounts within established policies and procedures and the terms and conditions of the Agreement. BMA also confirmed USAA FSB is accurately reporting your credit card accounts to the CRA as required by the Fair Credit Reporting Act. Furthermore, your open/active credit card accounts do not meet IRS requirements for a 1099-C. We are unable to substantiate any wrongdoing or error. Therefore, we respectfully decline your request to retract the accurate information USAA FSB is reporting to the CRA about your accounts, and compensation is not warranted. Notwithstanding, BMA identified your unclaimed credit card rewards balance. To redeem your rewards, please visit usaa.com or contact our Member Service Representatives at XXXX for assistance. We trust this clarifies USAA FSBs position and actions, and we appreciate the opportunity to respond to your concerns. Credit cards are issued by USAA Savings Bank and serviced by USAA Federal Savings Bank. 

At any moment of my previous claim : XXXX I never refused to pay at all.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation