Consumer complaint received 2023-10-29
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
To whom it may concern, I sent the below ( attached ) bank statement proving that the money came out of my account to pay my XXXX, XXXX mortgage payment so they can correct the misinformation being published on my credit report and XXXX told me they had removed the mistaken delinquency. However, upon receiving the ( also attached ) credit report by XXXX I notice that they did not fix the incorrect delinquency under Accounts with Adverse Information specifically account XXXX XXXX XXXXXXXX XXXX Otherwise, my credit report is correct. 

Even if XXXX claims I did not make my mortgage payment XXXX XXXX, they have also violated my consumer right per 15 U.S. Code 6802 ( b ) ( 1 ) ( B ) when mistakenly reporting a missed payment. Per the above law, the creditor was required to get my permission before reporting to credit bureaus to report the one month delinquency in question but never did. They sent a letter saying they have to report supposed late payment by law but they never gave me the option 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, XXXX. The creditor is XXXX, XXXX XXXX ; account number : XXXX. 

For the purposes of 15 U.S. Code 6802 ( b ) ( 1 ) ( B ), a 30-day mortgage 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 mortgage 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 mortgage lenders ) 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 third party, they must provide the customer with an opportunity to opt out of such sharing. Overall, a 30-day mortgage 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 XXXXXXXX obtained my credit report on XX/XX/XXXX without my consent ( proof attached ). Therefore, please, have XXXX delete the delinquency completely from my consumer report like they said they already had.

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