Consumer complaint received 2023-06-18
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
To whom it may concern, Regarding complaint # XXXX 's inadequate response. Essentially, the company just copy pasted boiler plate language in their response, which by its nature shows they did not even take the time to read my complaint. In the first sentence of my complaint I said that the two missed payments are accurate but would like to described the circumstances surrounding those two months. Yet their lengthy respond was we will not do anything, the two missed payments are accurate. I was never disputing their accuracy.

Also, if the did not read my first sentence, they certainly did not take the time to read my attachment as they claim because the never spoke to the facts surrounding my circumstances at the XXXX of my two late payments. This financial institutions need to be reminded that they are not omnipotent, be humane and actually respond to people with some sense.

That said, if Financial Institutions are going to be egotistical, technical and difficult with the average lay person, then let us pose the following message to them : 15 U.S. Code 6802 ( b ) ( 1 ) ( B ). While I was being friendly, now I am claiming they have violated my consumer right per 15 U.S. Code 6802 ( b ) ( 1 ) ( B ). 

Creditor was required to get my permission before reporting to credit bureaus but never did. Also, XXXX XXXX, was suppose to ask me before reporting my late payments. They sent a letter saying they have to report the 2 lates by law but they both never gave me the option to opt out of disclosing the late payment to a third party as required per 15 U.S. Code 6802 ( b ) ( 1 ) ( B ) The late payment is showing up for the month of XXXX and XX/XX/2022. The creditor is XXXX XXXX  for a car loan. The account number is : XXXX For the purposes of 15 U.S. Code 6802 ( b ) ( 1 ) ( B ), a 30-day and 60-day late payment is generally considered personal information.This section of the law pertains to the privacy and security of " nonpublic personal information, '' which is defined as " personally identifiable financial information '' that is not generally available to the public.

A 30-day and 60-day late payment would typically be considered personally identifiable financial information, as it pertains to an individual 's financial history and could be used to identify that individual. Under the law, financial institutions ( such as XXXX XXXX  ) must provide their customers with a clear and conspicuous notice about their privacy policies and practices, including how they collect, use, and protect nonpublic personal information. 
Financial institutions are also required to take steps to safeguard this information and prevent unauthorized access or disclosure. If a financial institution intends to share a customer 's nonpublic personal information with a nonaffiliated third party, they must provide the customer with an opportunity to opt out of such sharing. I was not notified. Please procure within 15 days a certified mail receipt of such letter and a copy if you followed the law. 

Overall, a 30-day and 60-day late payment would typically be considered personal information under 15 U.S. Code 6802 ( b ) ( 1 ) ( B ), and financial institutions must take steps to protect the privacy and security of this information.

For purpose of 5 U.S.C. 1681 refers to the Fair Credit Reporting Act ( FCRA ), users of consumer reports ( such as lenders ) must obtain the consumer 's consent before obtaining their credit report - XXXX XXXX  obtained my credit report from Experian without my consent as well - and Experian gave it to them without my consent. 

In conclusion, please procure within 15 days a certified mail receipt of such letter asking for my consent in either direction and a copy of said letter if you really followed the law?

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