Consumer complaint received 2024-01-19 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: FIFTH THIRD FINANCIAL CORPORATION
State: MA

Complaint narrative:
To Whom It May Concern : I recently received a copy of my ( XXXX XXXX XXXX ) credit report, and I noticed a late payment of 30 days posted on my credit report : Fifth Third Bank, N account ending in XXXX for XX/XX/. 

Fifth Third Bank, N.,  XXXX XXXX XXXX Your company is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish this on my credit report? Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report.

15 USC 6802 ( b ) ( c ) states that 'A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is given an explanation of how the consumer can exercise that nondisclosure option. ' ( Furnisher of information to credit agencies ) XXXX XXXX XXXX nor Fifth Third Bank NEVER informed me of my right to exercise my nondisclosure 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 antedate 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. ' 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 for the XXXX XXXX, 30 day late payment on account ending in XXXX per 15 USC 6802 & 16 CFR 313.7.

Delete the above late payment for account ending in XXXX for XX/XX/ from my consumer report, this agency is in violation of 15 USC 1681. Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking { {$1000.00} } per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations. 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ]

Company response to consumer: Closed with explanation