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: FC HoldCo LLC
State: TX

Complaint narrative:
My rights as a consumer have been violated according to The Privacy Act of 1974. The items reported on my consumer report are in violation and have caused a hinderance to my consumer report, causing me to not obtain credit. In 5 USC 552 ( a ) it states : ( b ) Conditions of Disclosure.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, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

There is no reason that these accounts are reporting when I the Consumer, never gave ANY written permission to furnish ANY information. This must be removed immediately! Also, I chose to opt out of all authorizations that I had previously given each company. Never have I received a privacy notice from the company before furnishing data. I am now requesting that all data be removed that pertains to each company. 

12 CFR 1016.1 Purpose and scope. 
( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. 12 CFR 1016.4 Initial privacy notice to consumers required. 
( a ) 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, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods.

Section ( a ) ( 1 ) Form of opt out notice. 
If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( 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.

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