Credit reporting or other personal consumer reports -- Improper use of your report -- Complaint #11425533

Complaint Overview

Complaint ID: 11425533

Company: Hw Holding, INC

Product: Credit reporting or other personal consumer reports

Sub-Product: Credit reporting

Issue: Improper use of your report

Sub-Issue: Reporting company used your report improperly

State: Florida

ZIP Code: 33311

Date Received: 2025-01-07T12:00:00-05:00

Date Sent to Company: 2025-01-08T12:00:00-05:00

Company Response: Closed with non-monetary relief

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

This notice is to inform you that you unlawfully reported an account to my consumer reports that did not arise from a consumer credit transaction, there were no lines of credit extended or was there any application or agreement for any lines or extension. See Case Law : Credit Reports for collection of alleged delinquent eviction, judgments, fines and liens may no longer be permitted. Federal counts recently have issued rulings about the use of consumer reports for the collection of an account under the fair Credit reporting Act ( FCRA ). These cases note that certain definitions were added to the FCRA as part of the 2003 amendments ( FACT Act ). In particular, the word " credit '' was defined. As a result of the new definition the position that is being advocated is that a " collection of an account '' is a permissible purpose to obtain a consumer report only when the collection is in connection with a credit transaction. The courts have specifically rejected prior case law and FTC guidance that a judgment creditor had permissible purpose, noting that those decisions pre-dated the FACT Act. These cases have held that a delinquent child support obligation, municipal fines arising from parking tickets, and a statutory debt resulting from the towing and impound of an illegally parked vehicle did not arise from a " credit transaction. '' As a result, the courts found that collection of those accounts was not a valid permissible purpose to obtain a consumer report. If you use XXXX consumer report services in connection with the collection of an account, we advise you to promptly review the new case law with your regular attorney or compliance advisor. XXXX will be contacting each customer that is a third-party collector to discuss this issue. We expect to confirm with you that you are in compliance with this new interpretation. Until then, unless you advise otherwise, we are relying upon you to comply with your contract with XXXX and this new interpretation of the law. This means that you may obtain XXXX reports for collection purposes only when collecting on an obligation arising from a credit transaction, or where you have the written authorization of the consumer or a court order to obtain a consumer report. As an example, for collectors of delinquent child support debt, judgments, fines, or liens, you must have in hand : A court order authorizing a consumer reporting agency to provide a consumer report, A written authorization from the debtor to obtain a consumer report, or Some type of contractual agreement with the consumer that rises to the level of a credit transaction under law.. Delete this alleged eviction from my credit reports. Account # :

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This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.

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