Consumer complaint received 2024-01-14 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: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: VA

Complaint narrative:
I trust this letter finds you well. I am writing to address some concerns I have identified regarding the handling of my consumer credit information, which appear to be in violation of the Fair Credit Reporting Act ( FCRA ) and the Privacy Act of 1974. As a consumer, I believe it is crucial to ensure the accuracy, fairness, and privacy of the information contained in my credit report. 

Congressional Findings and Purpose ( 15 U.S. Code 1681 ) : The FCRA 's congressional findings emphasize the need for consumer reporting agencies to exercise their responsibilities with fairness, impartiality, and respect for privacy. It is the purpose of the FCRA to require the adoption of reasonable procedures that ensure fairness and equity to the consumer.

Definitions and Illegal Reporting ( 15 U.S. Code 1681a ) : Understanding the definitions laid out in 15 U.S. Code 1681a is fundamental. Notably, any report containing information solely about transactions or experiences between the consumer and the reporting entity, excluding transaction history, is deemed illegal.

Permissible Purposes of Consumer Reports ( 15 U.S. Code 1681b ) : Permissible purposes for furnishing a consumer report are explicitly outlined in the FCRA. It is crucial to emphasize that the written instructions of the consumer must be followed, and any addition to a consumer report without such written consent is a violation.

Did the credit reporting agency ensure they received written instructions from me before reporting the information on my credit report?

Could you kindly provide proof of my written consent for the reported information to be included in my credit report?

Requirements Relating to Information ( 15 U.S. Code 1681c ) : Consumer reporting agencies are restricted from including certain items of information in consumer reports. Adverse items, excluding records of convictions of crimes, should not be included if they antedate the report by more than seven years.

Can the credit reporting agency confirm that the information reported adheres to the restrictions outlined in 15 U.S. Code 1681c?

Identity Theft and Compliance Procedures ( 15 U.S. Code 1681c2 and 15 U.S. Code 1681e ) : Procedures for blocking information resulting from identity theft are outlined, emphasizing the importance of consumer verification. Compliance procedures under section 1681e require maintaining reasonable procedures to avoid violations, including the verification of the identity and purposes of credit users.

Were adequate procedures followed to verify my identity before reporting the information?

Could you please provide proof of the verification of my identity and the procedures followed before reporting the information?

Civil Liability for Noncompliance ( 15 U.S. Code 1681n and 1681o ) : The FCRA establishes civil liability for willful and negligent noncompliance. Individuals are entitled to damages for willful noncompliance, and negligent noncompliance results in liability for damages sustained by the consumer.

Can the credit reporting agency confirm that they have not willfully or negligently violated the FCRA in reporting my information?

Responsibilities of Furnishers of Information ( 15 U.S. Code 1681s2 ) : Furnishers of information to consumer reporting agencies are prohibited from reporting inaccurate information and must cease reporting upon notice and confirmation of errors by the consumer.

Did the furnisher of information adhere to their responsibility to report accurate information, and was reporting ceased upon notice of errors?

Privacy Act of 1974 ( 5 U.S. Code 552a ) : The Privacy Act imposes conditions of disclosure and requires prior written consent for the disclosure of records to consumer reporting agencies.

Can the credit reporting agency confirm that they obtained prior written consent as required by the Privacy Act for the disclosure of records?

Could you please provide proof of my prior written consent for the disclosure of records under the Privacy Act?

Opt-Out Laws and 12 CFR Part 1016 : Financial institutions are obligated to provide clear and conspicuous notices about privacy policies, conditions for disclosing nonpublic personal information, and methods for consumers to opt out of such disclosures.

Did the credit reporting agency provide clear and conspicuous notices about privacy policies and conditions for disclosing information, including the right to opt-out?

Could you please provide proof of the notices and information related to opting out as per 12 CFR Part 1016?

In light of the identified violations, I kindly request that immediate corrective action be taken to rectify the inaccuracies in my credit report and cease any further unauthorized reporting of information. Failure to comply may necessitate legal action in accordance with the FCRA and Privacy Act.

Furthermore, I am formally requesting a thorough review of my entire credit report furnished by your agency. As part of this review, I am specifically requesting the following : Proof of Consent : Could you please provide written proof of my consent for the inclusion of the reported information in my credit report?

Proof of Identity Verification : Could you please provide documentation verifying the procedures followed to confirm my identity before reporting the information?

Proof of Compliance with Reporting Restrictions : Can you confirm that the reported information adheres to the restrictions outlined in 15 U.S. Code 1681c?

Proof of Prior Written Consent under the Privacy Act : Could you please provide proof of my prior written consent for the disclosure of records under the Privacy Act?

Proof of Notices and Information Related to Opting Out : Could you please provide proof of the notices and information related to opting out, as per 12 CFR Part 1016? 

I appreciate your prompt attention to this matter and kindly request that you provide the requested proofs at your earliest convenience.

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