Consumer complaint received 2024-02-19 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: NAVY FEDERAL CREDIT UNION
State: CA

Complaint narrative:
Notice of Dispute and Notice of Federal Violations Notice to Opt Out 1st Attempt I, XXXX, XXXX , a private XXXX XXXX , am the agent for XXXX XXXX XXXX I have recently checked my consumer report and have noticed some inaccurate and unfair practices furnished by your company. 
I'm well aware that you as a company have the obligation to furnish accurate and perform fair practices in respect to ALL consumers and any violation of this results in a violation of federal laws.

According to 15 USC 1681 ( a ) ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; This clearly states that " Late Payments '' are transactions and experiences between the consumer and your company shall be EXCLUDED from a consumer report.

So I don't understand why your company is furnishing data that clearly goes against Congressional Findings and would like to have such " Late Payments '' excluded from the consumer report. according to Federal Law 15 USC 1681 ( a ) ( 2 ).

Your disregard of Federal Laws and Congressional Findings is causing me hardship, and is affecting my rights to the extension of credit which is hindering my rights to life, liberty, and the pursuit of happiness protected under the Orginal state Constitutions and that of the Original U.S. Constitution.

Also, according to subsection ( iii ) - communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; I have not given your company written permission to direct that such information be communicated among any persons. So I demand all Personal Information including employment history, addresses, and Hard Inquiries and LATE PAYMENTS be deleted from your files.

Also, according to 15 USC 1666b - Timing of Payments- ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 
If your company is going to furnish a payment as late, the conditions to support late payments must be met. 
*Show proof of where you were, the Consumer Reporting Agency , mailed this by any company reporting late payments on my consumer report 21 days before the periodic statement the information and disclosures under 15 USC 1637 ( b ) Statement required with each billing cycle* The creditor of any account under an open end consumer credit plan shall transmit to the obligor, for each billing cycle at the end of which there is an outstanding balance in that account or with respect to which a finance charge is imposed, a statement setting forth each of the following items to the extent applicable : ( 1 ) The outstanding balance in the account at the beginning of the statement period.

( 2 ) The amount and date of each extension of credit during the period, and a brief identification, on or accompanying the statement of each extension of credit in a form prescribed by the Bureau sufficient to enable the obligor either to identify the transaction or to relate it to copies of sales vouchers or similar instruments previously furnished, except that a creditors failure to disclose such information in accordance with this paragraph shall not be deemed a failure to comply with this part or this subchapter if ( A ) the creditor maintains procedures reasonably adapted to procure and provide such information, and ( B ) the creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under section 1666 of this title. In lieu of complying with the requirements of the previous sentence, in the case of any transaction in which the creditor and seller are the same person, as defined by the Bureau, and such persons open end credit plan has fewer than XXXX accounts, the creditor may elect to provide only the amount and date of each extension of credit during the period and the sellers name and location where the transaction took place if ( A ) a brief identification of the transaction has been previously furnished, and ( B ) the creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under section 1666 of this title. 
( 3 ) The total amount credited to the account during the period.

( 4 ) The amount of any finance charge added to the account during the period, itemized to show the amounts, if any, due to the application of percentage rates and the amount, if any, imposed as a minimum or fixed charge.

( 5 ) Where one or more periodic rates may be used to compute the finance charge, each such rate, the range of balances to which it is applicable, and, unless the annual percentage rate ( determined under section 1606 ( a ) ( 2 ) of this title ) is required to be disclosed pursuant to paragraph ( 6 ), the corresponding nominal annual percentage rate determined by multiplying the periodic rate by the number of periods in a year.

( 6 ) Where the total finance charge exceeds XXXX cents for a monthly or longer billing cycle, or the pro rata part of XXXX cents for a billing cycle shorter than monthly, the total finance charge expressed as an annual percentage rate ( determined under section 1606 ( a ) ( 2 ) of this title ), except that if the finance charge is the sum of two or more products of a rate times a portion of the balance, the creditor may, in lieu of disclosing a single rate for the total charge, disclose each such rate expressed as an annual percentage rate, and the part of the balance to which it is applicable.

( 7 ) The balance on which the finance charge was computed and a statement of how the balance was determined. If the balance is determined without first deducting all credits during the period, that fact and the amount of such payments shall also be disclosed.

( 8 ) The outstanding balance in the account at the end of the period.

( 9 ) The date by which or the period ( if any ) within which, payment must be made to avoid additional finance charges, except that the creditor may, at his election and without disclosure, impose no such additional finance charge if payment is received after such date or the termination of such period.

( 10 ) The address to be used by the creditor for the purpose of receiving billing inquiries from the obligor.

( 11 ) ( A ) A written statement in the following form : Minimum Payment Warning : Making only the minimum payment will increase the amount of interest you pay and the time it takes to repay your balance., or such similar statement as is established by the Bureau pursuant to consumer testing.

( B ) Repayment information that would apply to the outstanding balance of the consumer under the credit plan, including ( i ) the number of months ( rounded to the nearest month ) that it would take to pay the entire amount of that balance, if the consumer pays only the required minimum monthly payments and if no further advances are made ; ( ii ) the total cost to the consumer, including interest and principal payments, of paying that balance in full, if the consumer pays only the required minimum monthly payments and if no further advances are made ; ( iii ) the monthly payment amount that would be required for the consumer to eliminate the outstanding balance in 36 months, if no further advances are made, and the total cost to the consumer, including interest and principal payments, of paying that balance in full if the consumer pays the balance over 36 months ; and ( iv ) a toll-free telephone number at which the consumer may receive information about accessing credit counseling and debt management services. 
*I would like the Notice and the tracking number. * Under 15 USC 6802 - Obligations with respect to disclosures of personal information.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explan

ation of how the consumer can exercise that nondisclosure option. I was not given an explanation of how to exercise that nondisclosure option nor was I given the opportunity, before the time that such information is initially disclosed, to direct that such information maybe disclosed to such third parties.

I did not give consent.

Enforcement : The regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law Relief : 1. Delete All Late Payments and put paid as agreed.

2. Abide by Federal Laws and Regulations.

3. Punitive Damages in the Amount of {$1000.00} per violation ( 15 USC 1681n ( a ) ( 1 ) ( A ) plus attorney fees and costs and whatever the law deems necessary.

4. Delete Accounts/ Inquiries and Personal Information

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation