Consumer complaint received 2024-03-29 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: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: WA

Complaint narrative:
XXXX is now willfully not complying with my express OPT OUT of disclosure of my nonpublic personal information as of XXXX XX/XX/XXXX. 

On XXXX XXXX I gave full notice to XXXX that I did not consent to disclosure of my nonpublic personal information, and that any and all authorization that I may have given XXXX to disclose any of my personally identifiable financial information, whether such authorization was written, unwritten, verbal, non-verbal, implied, or assumed. 

On XXXX XX/XX/XXXX I submitted a complaint with the CFPB as XXXX denied my express OPT OUT in letter form, as XXXX took no action upon my request. 

On XXXX XX/XX/XXXX XXXX delivered me a letter from their XXXX offices confirming that my consumer rights per 16 CFR 313.10 are being violated, as they now act in willful noncompliance of the law by denying my consumer opt out rights. This letter is prima facie evidence of further illegal use of my private information, a violation of my rights as guaranteed under the consumer protection laws and the Privacy Act of 1974 As defined at 16 CFR 313.3 ( 1 ) Nonpublic personal informationmeans : ( i ) Personally identifiable financial information and ( k ) ( 2 ) Personally identifiable financial information includes : ( B ) " Account balance information, payment history, overdraft history, and credit or debit card purchase information '' XXXX, XXXX, and Transunion are all non-affiliated 3rd parties to XXXX as defined in 16 CFR 313.3 Nonaffiliated third partymeans any person except : ( i ) Youraffiliate ; or ( ii ) A person employed jointly byyouand anycompanythat is not youraffiliate ( butnonaffiliated third partyincludes the othercompanythat jointly employs the person ).

Per 16 CFR 313.7, XXXX has failed to provide a Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice.Ifyouare required to provide an opt out notice under 313.10 ( a ), youmust provide a clear and conspicuous notice to each ofyourconsumers that accurately explains the right to opt out under that section. The notice must state : ( i ) Thatyoudisclose or reserve the right to disclosenonpublic personal informationaboutyourconsumer to anonaffiliated 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. ( 2 ) Examples ( i ) Adequate opt out notice.Youprovide adequate notice that the consumer can opt out of the disclosure ofnonpublic personal informationto anonaffiliated third partyif you : ( A ) Identify all of the categories ofnonpublic personal informationthatyoudisclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to whichyoudisclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains fromyou, either singly or jointly, to which the opt out direction would apply. 
( ii ) Reasonable opt out means.Youprovide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process atyourweb site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( iii ) Unreasonable opt out means.Youdo notprovide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box thatyouprovided with the initial notice but did not include with the subsequent notice. 
( iv ) Specific opt out means.Youmay require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer. 

XXXX has failed to provide virtually and and all means of opting out as set forth above. 

XXXX also continues to violate 16 CFR 313.10 ( 1 ) Conditions for disclosure.Except as otherwise authorized in this part, youmay not, directly or through anyaffiliate, disclose anynonpublic personal informationabout a consumer to anonaffiliated third partyunless : ( 1 ) Conditions for disclosure. Except as otherwise authorized in this part, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless : ( i ) You have provided to the consumer an initial notice as required under 313.4 ; ( ii ) You have provided to the consumer an opt out notice as required in 313.7 ; ( iii ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure ; and ( iv ) The consumer does not opt out I specifically authorized XXXX per Per 16 CFR 313.7 to disclose of my account payment status ONLY ( Paid, or Paying as agreed ) and I have received proof of claim that XXXX intends to deny me my rights after my PARTIAL OPT OUT directive on XXXX XX/XX/XXXX. 

In summary, XXXX, without authorization, is continuing to disclose my nonpublic personal information to XXXX, XXXX, and Transunion, which are all nonaffiliated third parties to XXXX, without giving a single means of opting out as required by law. Furthermore, they have now willfully not complied with my written request to opt out.

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 non-monetary relief