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Privacy policy violation

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aanubis

Member
What is the name of your state? FL

I opted out several years ago with my mortgage company regarding their privacy policy. I am now receiving offers and in speaking with customer service and the executive office, no one has an answer why (although the recording and 1 person confirmed that I did indeed opt out) and no one calls me back.

Is there a proper government agency to report this violation to? I am sure nothing will happen, but do want them reprimanded that the policy is to be followed. My apprecation to anyone knowledgeable.
 


TomD1974

Member
What do you mean you "opted out....regarding their privacy policy?"

What kind of "offers" are you receiving and from whom? Some of the information that might be used to contact you is public record, and not something that the mortgage company controls. Sometimes some of these offers may even look like they are from the mortgage holder.

Your use of the term "opt out" generally refers to your requesting not to receive offers from the mortgage company itself, or from partners of the mortgage company that might be provided your information. But if the information is coming from another source, they obviously aren't violating anything.

Invest in a paper shredder.
 

moburkes

Senior Member
The privacy policy tells you who they share information with, what information is never shared, and how to opt out of marketing offers.

I, too, don't understand what policy you think they violated.
 

aanubis

Member
I opted out of everything. Both "affiliates" and non related companies. I am receiving from their "affiliate" (or partner as one of you states) and it states such on there.

I do understand there are other ways of getting on a company's mailing list, however this is from their affiliate, and thus violates their privacy policy which I opted out of.

I have a paper shredder. Sometimes it is simply wrong for a company to violate their own policy.....and that is what is happening to me.

Again, appreciation to anyone knowledgable of the government agency to report this to.
 

moburkes

Senior Member
There is no agency to report it to. Its not illegal. Its their own privacy policy. They didn't sell or disclose your personal information to any illegal entity. You can opt out again. You also may have, inadvertently, opted in to their affiliate, when you called for a quote, or a question, etc.

Contacting the company is your only recourse. You can also ask for the company sending the mailers to remove you from their lists.
 

aanubis

Member
There is no agency to report it to. Its not illegal. Its their own privacy policy. They didn't sell or disclose your personal information to any illegal entity. You can opt out again. You also may have, inadvertently, opted in to their affiliate, when you called for a quote, or a question, etc.

Contacting the company is your only recourse. You can also ask for the company sending the mailers to remove you from their lists.
As stated in my original post, I confirmed via a recording, and 1 of their employees verbally that indeed, I have opted out. I have not called for anything, no contact at all, and my mortgage is a preauthorized draft.

Please answer, if you can, if this is not illegal and simply their policy, then WHY the big deal about all of this to start with a few years ago? Why the big deal now? What is the point of a privacy policy if the mortgate company ( or any company) doesn't have to follow it?

Thanks......
 

Ozark_Sophist

Senior Member
You were, then, somehow, caught up on their system.

The government requires financial institutions to protect your information. Providing your name and address to an affiliated company is not illegal. It never was.

Here is a link:

http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
I followed moburkes link and found this

Opt-Out Rights
Consumers and customers have the right to opt out of - or say no to - having their information shared with certain third parties. The privacy notice must explain how - and offer a reasonable way - they can do that. For example, providing a toll-free telephone number or a detachable form with a pre-printed address is a reasonable way for consumers or customers to opt out; requiring someone to write a letter as the only way to opt out is not.

The privacy notice also must explain that consumers have a right to say no to the sharing of certain information - credit report or application information - with the financial institution's affiliates. An affiliate is an entity that controls another company, is controlled by the company, or is under common control with the company. Consumers have this right under a different law, the Fair Credit Reporting Act. The GLB Act does not give consumers the right to opt out when the financial institution shares other information with its affiliates.

The GLB Act provides no opt-out right in several other situations: For example, an individual cannot opt out if:

a financial institution shares information with outside companies that provide essential services like data processing or servicing accounts;
the disclosure is legally required;
a financial institution shares customer data with outside service providers that market the financial company's products or services.
It depends what type of information was shared with the company affiliate.
 

Ozark_Sophist

Senior Member
To make a complaint

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair practices in the marketplace and to provide information to businesses to help them comply with the law. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
 

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