Consumer complaint received 2024-04-10 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: UPGRADE, INC.
State: TN

Complaint narrative:
UPGRADE INC, a financial institution and furnisher of information, along with XXXX, a consumer reporting agency, have willfully failed to comply with federal regulations by misusing my consumer report regarding account number : XXXX. 12 CFR 1016 ( Regulation P ) regulates and protects the privacy of consumer financial information. 12 CFR 1016.16 regulates and protects the Fair Credit Reporting Act 15 U.S. Code 1681 et seq. 12 CFR 1022 ( Regulation P ) Appendix M regulates and specifies obligations of furnishers of information to consumer reporting agencies under the Fair Credit Reporting Act 15 U.S. Code 1681 et seq. 

I, the consumer, have been adversely affected by UPGRADE INC and XXXX being willfully noncompliant with the proceeding federal regulations. 

12 CFR 1016.16 regulates 15 U.S. Code 1681 section 602 which 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. '' My privacy is being violated by the misuse of my consumer report. 15 U.S. Code 1681b section 604 states 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. UPGRADE INC and XXXX do not have my consent to furnish said information, and I have never given them written or verbal consent. Any implied consent is revoked. 

12 CFR 1022 Appendix M regulates 15 U.S. Code 1681a ( 2 ) ( A ) ( I ) which states " Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; IRS Publication 4681, Chapter 1 regarding canceled debts states that a canceled debt is considered ordinary income, which is taxable. This charge off is taxable income and not to be included on a consumer report. 15 U.S. Code 1681s-2 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. UPGRADE INC and XXXX are willfully misusing this information on my consumer report. 

12 CFR 1022 Appendix M regulates 15 U.S.C. 1681n ( a ) ( 1 ) ( A ) which states Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of : any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}. UPGRADE INC and XXXX have been willfully noncompliant by continually misusing my consumer report after I filed a complaint. 

12 CFR 1016.7 states, A consumer may exercise the right to opt out at any time. I am opting out of any and all of your reporting services. 

My intent is to sue if said issues are not resolved.

Company response to consumer: Closed with explanation