Consumer complaint received 2024-12-02 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Credit inquiries on your report that you don't recognize
Company: TRANSUNION INTERMEDIATE HOLDINGS, INC.
State: FL

Complaint narrative:
This is a formal request under the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), the Gramm-Leach-Bliley Act ( GLBA ), and applicable privacy laws to address serious concerns regarding the dissemination of my personal, private, and financial information to non-affiliated third parties. This unauthorized disclosure constitutes multiple statutory violations and adversely affects my ability to get credit. 

Pursuant to these concerns, I demand that you have XXXX, XXXX and TRANSUNION, produce a letter of explicit written instruction, signed by me, instructing the sharing of my personal, private, and financial information with non-affiliated third parties. If they are unable to produce such explicit written instruction, you are instructed to : XXXX. Immediately remove the following accounts and inquiries from my credit report, as they were obtained or shared in violation of federal law. 


Remove the following credit inquiries IMMEDIATELY : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX. Cease all unauthorized dissemination of my credit information and take all necessary corrective actions as required by law. 

Violations Under Federal Law 1. FCRA Violations - 15 U.S.C. 1681b ( a ) : Permissible Purposes of Consumer Reports Consumer reporting agencies are restricted to providing credit reports only for permissible purposes. Any sharing of my report with unauthorized entities is a direct violation of this section.

- 15 U.S.C. 1681e ( a ) : Compliance Procedures Credit bureaus must maintain reasonable procedures to limit access to consumer reports strictly to entities with a permissible purpose. Failure to prevent unauthorized third-party access indicates noncompliance.

- 15 U.S.C. 1681q : Obtaining Information Under False Pretenses If third parties accessed my information without my consent, the credit bureau and such parties are in violation of this provision.

- 15 U.S.C. 1681n and 1681o : Civil Liability for Willful or Negligent Noncompliance Both negligent and willful violations of the FCRA expose the credit bureau and data furnishers to civil liability for damages.

2. FDCPA Violations - 15 U.S.C. 1692c ( b ) : Communication With Third Parties Debt collectors may not communicate with non-affiliated third parties about my financial obligations without explicit consent. Such communication in the context of a credit report inquiry violates this statute.

- 15 U.S.C. 1692d : Harassment or Abuse Sharing my information in a manner designed to pressure or harm me could constitute harassment, prohibited under the FDCPA.

- 15 U.S.C. 1692e ( 8 ) : False or Misleading Representations Reporting inaccurate information to third parties or failing to update my credit information constitutes a violation.

3. GLBA Violations - 15 U.S.C. 6802 ( a ) : Financial Privacy Rule Under the GLBA, financial institutions must provide consumers with a notice of their policies regarding sharing personal information and obtain explicit consent before sharing with non-affiliated third parties. No such notice or consent has been provided in this case.

- 15 U.S.C. 6801 ( b ) : Safeguards Rule Institutions must implement measures to protect consumer data. The unauthorized sharing of my personal financial information demonstrates a failure to establish adequate safeguards.

- 15 U.S.C. 6802 ( b ) : Opt-Out Rights As a consumer, I have the right to opt out of having my information shared. Failure to honor this right is a violation of the GLBA. 

XXXX. Privacy Law and Supreme Court Precedent - In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ), the Supreme Court XXXX XXXX importance of individual rights to privacy, including recourse for violations arising from mishandling personal data. 

- The dissemination of my information without authorization also breaches the principles articulated in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), which emphasized the harm caused by the improper handling of consumer data. 

- *TransUnion XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), reaffirmed that unauthorized or inaccurate disclosures of credit information create concrete harm for which consumers are entitled to seek remedies. 

Unknown and unauthorized credit inquiries on my credit report constitute serious violations of federal and Florida state law, including the Fair Credit Reporting Act ( FCRA ). Under **15 U.S.C. 1681b ( f ) **, access to a consumers credit report is restricted to entities with a " permissible purpose, '' such as a valid credit transaction initiated by the consumer, employment purposes with explicit consent, or specific legal obligations. Unauthorized inquiries violate this provision and may also breach **15 U.S.C. 1681q**, which prohibits obtaining a credit report under false pretenses. Furthermore, the failure of the credit reporting agency to prevent such inquiries may violate **15 U.S.C. 1681e ( a ) **, which mandates reasonable procedures to ensure credit reports are only furnished for legitimate purposes. Additionally, under the Gramm-Leach-Bliley Act ( **15 U.S.C. 6801** ), financial institutions are required to safeguard the confidentiality of consumer information, making unauthorized access a potential violation of privacy safeguards. 

In Florida, unauthorized credit inquiries XXXX also violate the Florida Deceptive and Unfair Trade Practices Act ( XXXX ) under **Florida XXXX XXXX, which prohibits unfair or deceptive practices that cause harm to consumers. When unauthorized parties run credit inquiries, they may subject themselves to liability for violating these consumer protection laws. Such actions can result in tangible harm to the consumer, including credit score impacts, increased risk of identity theft, and invasion of privacy. These unauthorized inquiries must be investigated and removed, and the offending parties should be held accountable under the law.

Specific Relief Requested I demand the following actions be taken within 30 days of receipt of this letter : XXXX. Provide a copy of the explicit written instruction letter, signed by me, instructing XXXX, XXXX, TRANSUNION, to share my personal, private, and financial information with non-affiliated third parties. 

XXXX. If no such letter can be produced, immediately remove the above listed accounts from my credit report and provide written confirmation of the same. 

XXXX. Disclose a list of all non-affiliated third parties who have accessed my personal financial information within the last 12 months and the purported purpose of such access. 

XXXX. Cease and desist all unauthorized dissemination of my data. 

XXXX. Remove the inquiries listed above immediately if no explicit written instruction letter, signed by me, instructing the sharing of my personal, private, and financial information with non-affiliated third parties can not be produced. 

Failure to comply with this request will leave me no choice but to pursue all remedies available under the FCRA, FDCPA, GLBA, and privacy laws, including statutory damages, actual damages, and attorneys fees as provided under 15 U.S.C. 1681n, 1681o, 1692k, and 6805.

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