Consumer complaint received 2023-02-07
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:
As per 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
The term consumer means an individual. 
The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. 
As per 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) also states that the consumer report DOES NOT INCLUDE.. .information solely as to TRANSACTION AND EXPERIENCES ( INCLUDING LATE PAYMENTS ) between the consumer and the " person '' making the report. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years.Thus, NO adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is ANOTHER violation. 
Under 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The XXXX makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 

Accordingly, the TRANSACTION HISTORY INCLUDING LATE PAYMENTS, of the following accounts must be deleted/removed/blocked immediately from XXXX, XXXX and Experian : ACCOUNT NAME : XXXX Bank XXXX ACCOUNT XXXX XXXX XXXX XXXX Bank ACCOUNT NAME : XXXX  ACCOUNT NAME : CrossCountry XXXX ACCOUNT NAME : XXXX ACCOUNT NAME : XXXX BANK ACCOUNT NAME : XXXX XXXX XXXX ( ALL ACCOUNTS w/ the same name ) ACCOUNT NAME : XXXX XXXX XXXX ( ALL ACCOUNTS w/ the same name ) ACCOUNT NAME XXXX XXXX XXXXT This also includes any and all accounts that may be listed as SELF-REPORTED. 

The accounts listed above should be reported as " CURRENT/PAID AS AGREED '' and EXCLUDE any and all specific dollar amounts and any and all months of transaction history that may be currently reporting as that is a violation of the codes listed above. XXXX, XXXX, and Experian must immediately delete/remove/block the transaction history from my consumer report and update all accounts listed in the complaint to " PAID AS AGREED/CURRENT '' for any and all open accounts and " PAID AS AGREED/CLOSED '' for any and all accounts that are closed. 
Continuing to report these transaction histories is also a violation of the Privacy Act of 1974. 15 USC 1681 obligates Experian, XXXX, and XXXX to RESPECT the consumer 's right to privacy as that is their " grave responsibilities '' along with fairness and impartiality. 

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater; Under 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Under these codes, XXXX, XXXX, and Experian are liable to me as the consumer for violating each of these laws especially so because I have spent no less than 1 year, attempting to get XXXX, Experian and XXXX to comply with these laws. Thus, each company is monetarily liable to me for {$5000.00}. Thus I am requesting that XXXX compensate me for {$5000.00} to be mailed to me via XXXX in XXXX dollars. I am requesting that Experian compensate me for {$5000.00} to be mailed to me via XXXX in XXXX dollars. I am requesting that XXXX compensate me for {$5000.00} to be mailed to me via XXXX in XXXX dollars. Failure to do so will result in further collection efforts including but not limited to filing a XXXX in federal court for securities fraud for monetizing my personal information without my consent, filing a lawsuit in state and federal courts, and filing a complaint with the SEC.

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