Consumer complaint received 2024-04-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Early Warning Services, LLC
State: TX

Complaint narrative:
I hereby submit a formal complaint against EARLY WARNING SERVICES, XXXX, XXXX and XXXX FOR discrimination, retaliation, bank fraud, wire fraud, and violations of the XXXX Act, infringing upon my rights under the Equal Credit Opportunity Act ( ECOA ), the Fair Credit Reporting Act ( FCRA ), and other pertinent federal laws. Ive had Active Complaints with FTC, and CFPB : This grievance is not isolated there have been federal investigations and intervention by the FBI, FTC, and CFPB and there are still active complaints regarding similar violations and complaints about regulations and compliance with EARLY WARNING SERVICES, XXXX, XXXX and XXXX highlighting a pattern of potentially illegal practices by these company. IV. Allegations of Bank Fraud, Wire Fraud, and RICO Violations : Bank Fraud : I have reasons to believe with unquestioning belief that EARLY WARNING SERVICES, XXXX, XXXX, and XXXX has knowingly engaged in deceptive practices to defraud banks or other financial institutions, which is a violation of 18 U.S.C. 1344. Wire Fraud : EARLY WARNING SERVICES, XXXX, XXXX, and XXXX is suspected of using interstate wire communications to defraud consumers, violating 18 U.S.C. 1343. Their actions have not only harmed my financial standing but have also illegally profited by using deceptive practices. RICO Violations : EARLY WARNING SERVICES, XXXX, XXXX, and XXXX actions suggest a pattern of racketeering activity. By accepting financial incentives for reporting, they may be in violation of the Racketeer Influenced and Corrupt Organizations ( RICO ) Act, specifically 18 U.S.C. 1961-1968. V. Discrimination : EARLY WARNING SERVICES, XXXX, XXXX and XXXX, has had no regards to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of the Fair Credit Reporting Act. EARLY WARNING SERVICES, XXXX, XXXX, and XXXX has never provided their method and/or proof of verification that gives them the authority to report inaccurate, non-public, personal information on my consumer report. Which is documented via the CFPB with their responses that has not addressed the issue of their willful non-compliance of the Fair Credit Reporting Act and Privacy Act of 1974 by the sharing of inaccurate, non-public, personal information on my consumer report. There is also income being reported, by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX on my consumer report as well ( XXXX XXXX XXXX XXXX ) which also goes against federal regulations. Nor has these accounts been properly verified and/or validated according to federal guidelines. According to the compliance procedures of the fair credit reporting act every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [ 1681c ] and to limit the furnishing of consumer reports to the purposes listed under section 604 [ 1681b ] of this title Retaliation : Their refusal to address previous complaints and seems retaliatory for filing federal complaints, violating principles of fairness and justice. VII. Discrepancies with Other Credit Bureaus : Other credit bureaus, namely XXXX have adhered to federal laws by deleting some but not all inaccurate information from my credit reports. EARLY WARNING SERVICES, XXXX, and XXXX refusal to do the same raises serious concerns about their practices. VIII. Legal Action : If these issues remain unaddressed, I intend to escalate this matter legally, seeking remedies for the harm inflicted upon me due to racial discrimination, bank fraud, wire fraud, and RICO violations. IX. Conclusion : I urge the CFPB and DOJ to investigate these serious allegations against EARLY WARNING SERVICES, XXXX, XXXX, and XXXX. Their practices have caused significant harm and warrant thorough examination and intervention by your esteemed agencies. I anticipate your prompt attention to this grave matter. I AM ACHING FROM BETRAYAL I CANT BUY A HOUSE IM NOW HOMELESS BECAUSE I CANT experience OPENING A BANK ACCOUNT EVERYTIME I TRY TO OPEN A BANK ACCOUNT THEY TELL ME EARLY WARNING SERVICES IS REPORTING NEGATIVELY ON MY CONSUMER FILE BECAUSE THEY ARE REPORTING NEGATIVE INACCURATE ACCOUNTS THAT ARE NOT MINES AND THINK I AM NOT FISCALLY RESPONSIBLE Find attached letters from EARLY WARNING SERVICES and Reports from XXXX, XXXX, and XXXX and analyze the evidence. I give you 4 working days to resolve this issue as this account status is defaming my character and I have lost a lot of business relationship and seems to cant bridge the gap for the ability to business with creditors. Because of this defamation of character, I have suffered emotional and financial damages for years and you have also stolen from me. Upon receiving my Consumer Disclosure report from XXXX, XXXX, and XXXX ( 3rd Party Reporting Agency ) discoveries relating to the information provided from said partys has reveled a plethora of violations committed by multiple 3rd party affiliate, non-affiliates or any and every entity which may be recognized in addition through further investigation from past, present and future furnishing of my nonpublic private information. These are issues I wish to address due to all parties who may have breached the of terms and agreements leading to have adversely effected my rights under but not limited to the Fair Credit Reporting Act and the Privacy Act of 1974. This confidential process has felt like the endless sea. The sharing of my personal information was done so without my written consent. From disclosure of numerous non-public personal information including but not limited to discrepancies, errors, inaccuracies, derogatory marks, inquiries all of which etc. The information disclosed to 3rd parties has negatively affected approval and access to credit from certain documents which prove to be valid in detail with this letter. 15 U.S. Code 1681- Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) 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. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. Consumer : There is a need to protect my privacy which every company may be in violation of which the terms, conditions and privacy policy are attached with this dispute. Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; 15 U.S. Code 1681b - Permissible purposes of consumer reports 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 Consumer : They need my written consent to add anything to my consumer report. Since I did not authorize this, it is a violation of the Fair Credit Reporting Act. 82 Stat. 146 - An Act to safeguard the consumer in connection with the utilization of credit by requiring full disclosure of the terms and conditions of finance charges in credit transactions or in offers to extend credit ; by restricting the garnishment of wages ; and by creating the National Commission on Consumer Finance to study and make recommendations on the need for further regulation of the consumer finance industry ; and for other purposes Consumer : This is law that backs the code and is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) Consumer : Reporting Transaction history is illegal. EARLY WARNING SERVICES, XXXX, XXXX, and XXXX is in violation of reporting my transaction history. Request made by the consumer via telephone and CFPB has been denied due to claims that permission was granted from such companies of which the consumer is an active or former member. Examples of financial institutions EARLY WARNING SERVICES, XXXX, XXXX, and XXXX claim the information gathered prior to my request for the Consumer Disclosure Report, may be but not limited to, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  and XXXX XXXX, All of which I am a current member of their services. All current and former affiliates who may have given information without my permission such as but not limited to, the reporting of my transaction history, do not have my permission which are all violations and request immediate change of status to removal or paid as agreed. In Terms and Agreements attached of the institutions of which I am a current member, 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports 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. Consumer : No adverse item besides the conviction of crimes should be on my report and any item that is a derogatory mark is not allowed into consumer reports. In the event that EARLY WARNING SERVICES, XXXX, XXXX, and XXXX continues to attempt to justify keeping transaction history in cases where they believe were granted permission ( which they do not ) from any entity with my nonpublic personal information, all the disputes I request to be removed are considered derogatory marks, inquiries and non-mailable addresses which have and may have resulted to negatively effect my credit score. 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Consumer : By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports, EARLY WARNING SERVICES, XXXX, XXXX, and XXXX are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) 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} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; Consumer : I have filed more than 1 complaint, in fact multiple complaints against numerous agencies with the CFPB which either remain in dispute pending a response or continued refusal to remove reports in which have already been put on record with the CFPB with the necessary evidence to prove disputes in claim. This is a violation of willfull noncompliance understanding of the violations after my complaints were made the 1st time. Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law. 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Consumer : if the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. They are still liable for correcting these violations which have been made clear in this complaint if in fact their actions or lack thereof was due negligence. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. Consumer : I have notified the consumer agencies that there is inaccurate information. They must immediately stop reporting that information until they can prove that it is valid which continues to be denied. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( 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 explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. 5 U.S. Code 552a - Records maintained on individuals ( n ) Mailing Lists. An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. Consumer : All inquiries on my report using my name and address given to nonaffiliated 3rd party entities that may have been sold for marketing and/or promotional purposes was done so without my permission which is a violation. If inquiries not from an open account on credit report they must REMOVE inquiry. If continued refusal to remove all inquiries from my report, all agencies must send documentation that was used to verify I have an open account with any and all agencies in question. EARLY WARNING SERVICES told me I couldnt opt out because they are a ( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history ; or ( 5 ) insurance claims. 
But EARLY WARNING SERVICES has distorted the facts a nationwide special consumer reporting agency is a ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.

( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business.

12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated 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. ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.

( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( 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 explanation of how the consumer can exercise that nondisclosure option. Consumer : Early Warning Services has denied my requests to opt out of the disputes in my Consumer Disclosure Report. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and 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 Consumer : Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal and non-verbal per 15 USC 6802. Any information that wishes to be added to my report will not be permitted without my notification, consent and approval. Any and all private information will be presented to me prior to my decision to approve or deny any and all to be added to my report.

Company response to consumer: Closed with explanation