Consumer complaint received 2024-07-06 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: Lendmark Financial Services
State: MD

Complaint narrative:
According to the Fair Credit Reporting Act ( FCRA ) 15 USC 1681 section 602 ( a ), there is a necessity to ensure that consumer reporting agencies carry out their responsibilities with fairness, impartiality, and respect for the consumers right to privacy. XXXX and XXXX are consumer reporting agencies, and I am the consumer. I have the right to ensure my private information is not shared, supported 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. '' The furnisher of information to credit agencies is considered a financial institution under this title.

15 USC 1681 section 604 ( a ) ( 2 ) states, " In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' The furnisher of information to credit agencies, XXXX, and XXXX do not have my consent to furnish this information, nor do they have my written consent. Any and all consent given to XXXX XXXX, or the furnisher of information to credit agencies, whether verbal, non-verbal, written, implied, or otherwise, is revoked. According to 15 USC 6802 ( b ) ( c ), " 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. '' The furnisher of information to credit agencies never informed me of my right to exercise my nondisclosure option.

Additionally, 15 USC 1681C ( a ) ( 5 ) 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. '' This account is an adverse item being reported without my permission, which is against the law. According to 15 USC 1681s-2 ( A ) ( 1 ) ( A ), " 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. '' Furthermore, 15 USC 1681e states, " 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. '' XXXX and XXXX are not maintaining reasonable procedures. Finally, 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.

Company response to consumer: Closed with explanation