Consumer complaint received 2023-12-17
Company: Experian Information Solutions Inc.
State: MS
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

Complaint:
US DEPT. OF EDUCATION/XXXX Account # XXXX Account Status Closed Payment Status Current Balance Owed {$0.00} US DEPT OF EDUCATION Account XXXX XXXX Account Status Open Payment Status Current Balance Owed {$3100.00} US DEPT OF EDUCATION Account # XXXX Account Status Open Payment Status Current Balance Owed {$5100.00} US DEPT OF EDUCATION Account # XXXX Account Status Open Payment Status Current Balance Owed {$3400.00} US DEPT OF EDUCATION Account # XXXX Account Status Open Payment Status Current Balance Owed {$6500.00} US DEPT OF EDUCATION Account # XXXX Account Status Open Payment Status Current Balance Owed {$4200.00} According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and Experian are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. The US DEPARTMENT OF EDUCATION is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. The US DEPARTMENT OF EDUCATION, the financial institution and the Consumer reporting agencies XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, Experian, XXXX, and The US DEPARTMENT OF EDUCATION whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. XXXX, Experian, XXXX, and The US DEPARTMENT OF EDUCATION Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ) no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, Experian, XXXX are not maintaining reasonable procedures. 

These companies are also in violation of the following acts. 

Privacy Act of 1974 ( 5 U.S. Code 552a establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual.

Family Educational Rights and Privacy Act ( FERPA ) which is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

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