Consumer complaint received 2023-12-29 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: VANDERBILT MORTGAGE & FINANCE, INC
State: AL

Complaint narrative:
The Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. " ; XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. Being the consumer, I have the right and responsibility to ensure my private information is not shared without my consent which is supported 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. '' Vanderbilt Mortgage and Finance 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 '' ; The financial institution Vanderbilt Mortgage and Finance and the Consumer reporting agencies XXXX XXXX and XXXX DO NOT have neither my consent or my written consent to furnish any late payments or negative Information. Any and all consent to report anything negatively or late payments to XXXX, XXXX, XXXX, and Vanderbilt 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 financial institutions listed never informed me of my right to exercise my nondisclosure option. Not only was I never informed of my rights, 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 '' ; These late payment are adverse items these financial institutions are reporting, again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) 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, 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 would like to take this opportunity to state my right, " ; I AM OPTING OUT OF ANY REPORTING OF LATE PAYMENTS AND NEGATIVE ITEMS. Vanderbilt Mortgage and Finance, XXXX, XXXX, and XXXX have all knowingly and willfully violated my rights by reporting, sharing and improperly using my credit information without my consent. 15 U.S Code 1681b ( c ) states " Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general -A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; '' I have not authorized any late payments to be furnished to any credit reporting agency be it XXXX XXXX XXXX XXXX XXXX. I have sustained damages as a result of their failure to follow the stated laws.

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