Consumer complaint received 2023-11-19
Company: Experian Information Solutions Inc.
State: SC
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 consumer reporting agency has allowed multiple financial companies to furnish information on my consumer report that is not in compliance with the GRAMM-LEACH-BLIlEY ACT , and 15 U.S. Code 1681a - Definitions ; rules of construction Under The Fair Credit Reporting Act The law states : 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.

Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; All accounts listed on my consumer report are transactions and experiences between me ( the consumer ) the financial companies Department of EducationXXXX Department of EducationXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). 

All experiences and transactions from these companies are the Account Numbers, Payment history, status of accounts, and remarks about accounts are all a violation.

Under the Federal Trade Commission Gramm-Leach-Bliley Act Title V, subtitle A, of this Act ( 15 U.S.C. 6801 et seq. ) requires the FTC, along with the Federal banking agencies and other regulators, to issue regulations ensuring that financial institutions protect the privacy of consumers ' personal financial information. Such institutions must develop and give notice of their privacy policies to their own customers at least annually ( except where exempted under section 75001 of the Fixing America 's Surface Transportation Act ( FAST Act ), Pub. L. No. 11494, 129 Stat. 1787, codified at 15 U.S.C. 6803 ( f ) ), and before disclosing any consumer 's personal financial information to an unaffiliated third party, and must give notice and an opportunity for that consumer to " opt out '' from such disclosure. Under the Dodd-Frank Act, this rulemaking authority transferred to the Bureau of Consumer Financial Protection ( except with respect to certain motor vehicle dealers ), but the FTC continues to have enforcement authority. Subtitle A also requires the FTC and other agencies to issue regulations for the safeguarding of personal financial information ; this authority did not transfer. The Act also limits the sharing of account number information for marketing purposes.

Subtitle B of Title V ( 15 U.S.C. 6821 et seq. ) prohibits obtaining customer information of a financial institution by false pretenses. The FTC enforces these provisions with regard to entities not specifically assigned by the provision to the Federal banking agencies or other regulators. Also, Sections 131-133 of the Act ( 15 U.S.C. 41 note ; 12 U.S.C. 1828b, 1849 ) clarify the application of the FTC Act and other FTC statutes to subsidiaries and other affiliates of depository institutions, and provide for certain interagency information sharing. 

Department of Education/XXXX Department of EducationXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX knowingly and willfully furnished my financial information without given me the option to opt out of their opt out disclosure and withholding this information from me. 

The law states : 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

This consumer reporting agency has knowingly and willfully allowed these financial companies to furnish information on my report causing me to be denied credit, face financial hardships, dictate my character, be at high risk for lenders, be denied mortgage and have a significant decreased FICO score.

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 ( 1 ) ( 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 ;

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