Consumer complaint received 2024-04-26 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: SYNCHRONY FINANCIAL
State: FL

Complaint narrative:
Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that " A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services. In accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Synchrony Bank/PayPal Credit ending in # XXXX, have violated my rights. 15 U.S.C. 1681 My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. I have the right to make sure my private information isn't shared and is backed 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. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on May 29, 1968. 

THEY DID NOT HAVE MY WRITTEN CONSENT!! 
the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly 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. '' Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( XXXX ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( XXXX ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( XXXX ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX, XXXX, and XXXX. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section XXXX ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in 16 CFR 433.1. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( XXXX ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section XXXX ( XXXX ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( XXXX ) State and other employees It shall be unlawful for any person ( not described in paragraph ( XXXX ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( XXXX ) ( C ), ( XXXX ) ( B ) ( i ), or ( XXXX ) ( A ) ( XXXX ), ( k ) ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ), ( l ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) or ( m ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) of section XXXX or under section XXXX ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section XXXX ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section XXXX ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section XXXX ( b ) ) is disclosed pursuant to the provisions of section XXXX ( XXXX ) ( XXXX ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section XXXX ( a ) ( XXXX ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section XXXX ( d ) ( XXXX ) ) to any person in violation of section XXXX shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( XXXX ) Cross references ( XXXX ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section XXXX. ( XXXX ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( XXXX ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : 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. 15 U.S. Code 1681a - Definitions ; 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, ( XXXX ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 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 ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than XXXX business days after the date of receipt by such agency, ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 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 XXXX of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section XXXX 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 XXXX 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. 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 ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; 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, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector.

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