Consumer complaint received 2023-12-12
Company: Experian Information Solutions Inc.
State: GA
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:
This charge off is considered a certificate of indebtedness and is considered income therefor it must be removed. This is also considered income and must be removed from my report. 

As per the Fair Credit Reporting Act ( FCRA ) under 15 USC 1681 section 602 ( a ), it emphasizes the importance of ensuring that consumer reporting agencies, such as XXXX, XXXX and Experian, carry out their significant responsibilities with fairness, impartiality, and a regard for the consumer 's right to privacy. As a consumer, I have the right to safeguard my private information, as reinforced by 15 USC 6801, which states that financial institutions, including furnishers of information to credit agencies, are obligated to respect the privacy and protect the confidentiality of customers ' nonpublic personal information.

Under 15 USC 1681 section 604 ( a ) ( 2 ), it is specified that a consumer reporting agency may only furnish a consumer report in accordance with the written instructions of the concerned consumer. I want to highlight that both the financial institution ( furnisher of information to credit agencies ) and the consumer reporting agencies, XXXX XXXX, XXXX and Experian, lack my consent to furnish this information, and they certainly do not have my written consent. I hereby revoke any and all forms of consent, be it verbal, non-verbal, written, implied, or otherwise, given to XXXX XXXX, XXXX, Experian, and the furnisher of information to credit agencies. 

According to 15 USC 6802 ( b ) ( c ), a financial institution is prohibited from disclosing nonpublic personal information to a nonaffiliated third party without providing the consumer an explanation of how they can exercise their nondisclosure option. The furnisher of information to credit agencies failed to inform me of my right to exercise this option. Furthermore, 15 USC 1681C ( a ) ( 5 ) explicitly states that no consumer reporting agency may include certain adverse information in a consumer report without authorization, particularly information that exceeds seven years. Reporting this account as an adverse item without my permission is a violation of the law.

Referring to 15 U.S. Code 1681s2 ( a ) ( 1 ), it is prohibited to furnish any information relating to a consumer to a consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. XXXX XXXX, XXXX and Experian seem to be in violation of this provision. Additionally, 15 U.S. Code 1681e mandates that consumer reporting agencies maintain reasonable procedures to avoid violations of specific sections of the FCRA. It appears that XXXX XXXX, XXXX and Experian are not adhering to these reasonable procedures. 

As outlined in 12 CFR 1016.7, I am exercising my right to opt out of the reporting services provided by XXXX, Experian, and the furnisher of information to credit agencies at any time. 

Finally, Privacy Act of 1974, as amended, 5 U.S.C. 552a ( b ) Conditions of Disclosure No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be : ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of Title 31. This entry violates the Privacy Act of 1974 and must be removed.

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