Consumer complaint received 2024-08-15 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: AK

Complaint narrative:
Under 15 U.S.C 1681b ( 2 ) Permissible Purpose of Consumer Reports. Any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instruction of the consumer to whom it relates. To a person who believes it is intended the information to be used in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer. Exceptions to these two factors can only be made with the consent or at the direction of the consumer Credit reports pulled on XX/XX/XXXX, from XXXX, XXXX, and Transunion display numerous hard pull inquiries for which I did NOT authorize. XXXX shows Hard Pulls from XXXX on XX/XX/XXXX and XXXX on XX/XX/XXXX. XXXX shows Hard Pulls from XXXX XXXX on XX/XX/XXXX and XX/XX/XXXX. Transunion shows Hard Pulls from XXXX on XX/XX/XXXX and XXXX XXXX XXXXXX/XX/XXXX. 
Each credit application I have made in the last two years, I have received credit. Because I have received credit that reports positively it should no longer reflect an inquiry as it was converted into a transaction and should not reflect negatively on my score. Furthermore, paragraph ( XXXX ) stipulates that information regarding inquiries shall not be furnished to any person, a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. I have not authorized any record of inquiries in connection with a credit transaction to any third party and maintain that this is protected, Non-public Personal Information as it relates to private transaction information of the reports that I have authorized. I demand that all inquiries be removed from these agencies both those unauthorized and the 4 which converted into a transaction.

Also stated in 15 U.S.C 1681b - A consumer reporting agency may furnish a consumer report relating to any consumer in connection with any credit or insurance transaction that is not initiated by the consumer only if the transaction consists of a firm offer of credit or insurance. Therefore, any inquiry I did not authorize, by law, was to result in a firm offer of credit or insurance. Additionally, it is disclosed on every credit report from each agency that Access to your account is limited. A consumer reporting agency may provide information about you only to people with a valid need usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access. You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court. Therefore, promotional or unauthorized soft pulls are a direct violation of FCRA with penalties. 

Of the reporting agencies, XXXX has XXXX promotional soft pulls, XXXX has XXXX, and Transunion has XXXX. None of which resulted in a firm offer of credit or insurance. Furthermore, there are ( 2 ) two for a total of ( 6 ) six unauthorized Hard Pulls on each report from different persons of inquiry on XXXX, XXXX, and Transunion. The penalty of which is {$1000.00} per violation. I wish to enforce my rights and receive compensation for these violations. 

15 USC 6801 is very clear with regard to its Privacy obligation policy.

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 Non-Public Personal Information.

Nonpublic Personal Information is defined ; ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information about them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. 

Therefore, the law clearly states in plain language that any transactional information is considered Nonpublic Personal Information. The amount of credit I have been given, and the amount of utilization I exercise every month is Nonpublic Personal Information. The only lawful reporting that can be done with my consumer credit cards is the reporting that I am paying as agreed. Any reporting of utilization is a violation of my privacy rights as a consumer.

Furthermore, 16 CFR 313 supports this through the Fair Debt Collection Practice Act which states that all institutions will provide notice to their customers about how they use and report their private information privacy policies and when they will disclose information providing a method for nonpublic information to be opted out from disclosure to third parties. I have filed Opt Out requests with XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX and have provided letters to XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX and XXXX XXXX informing them of my demands to Opt Out of reporting any of my Private, Nonpublic Personal Information to any third party. Additionally, XXXX, XXXX, XXXX XXXX, XXXX have not provided me with the proper disclosures about what they do with their nonpublic information, nor have advised me on my right to opt out of reporting all non-public private data pursuant 15 U.S. Code 6803 - Disclosure of institution privacy policy.Even upon reporting this nonpublic information to a non-affiliated third party such as a consumer reporting agency 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information stipulates that it can not be shared. ( 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.

15 U.S.C 6802 ( 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 undersection 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.

As a reminder, 15 U.S. Code 1692l Gives the Federal Trade Commission the right to Administrative enforcement.

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