Consumer complaint received 2023-07-09
Company: Experian Information Solutions Inc.
State: GA
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:
To Whom it may Concern, RE : REQUEST FOR ACTION Per the following references to FCRA 15 U.S. Code 1681 ( a ) ( i ) and The Family Educational Rights and Privacy Act enacted in 1974 that protects the privacy of student education records ( including financial ) specified in 20 USC 1232g Section 1 ( b ), ( c ) ( i ) I am within jurisdiction to assert that certain items ( mentioned at the end of this letter ) be removed from my credit report as Experian, XXXX and XXXX have all violated several ordinances regarding fair and accurate consumer reporting practices. 

Per FCRA 15 U.S. Code 1681 ( a ) ( i ) ExclusionsExcept as provided in paragraph ( 3 ), the term consumer report does NOT include Report containing information solely as to transactions or experiences between the consumer and the person making the report ; Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; Reporting history of my transactions which includes credit card balances, payment history, anything dealing in transactional procedure is illegal and violates FCRA Laws. 
Per U.S. Code 1681 ( b ) - Permissible purposes of consumer reports, 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. 
Which translate that data furnishers need written consent by me ( the consumer ) to add anything to my consumer report and I DID NOT give written authorization, therefore the data furnisher is in direct Violation of the FCRA law.

Additionally, Consumer Credit Protection Act P.L 90-321 ( 82 Stat. 146 ) states that any agency can only get a copy of my report in response to a request by the Head of State, local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) Which further backs up U.S. Code 1681 ( b ).

Regarding Derogatory Marks for late payments on my report, please note 15 U.S. Code 1681 ( c ) - Requirements relating to information contained in consumer reports -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 7 years Which translates that no adverse item besides the conviction of crimes should be on my report. Any item that is a derogatory mark is not allowed into consumer reports. Experian has violated this law as well. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports, Experian has also violated compliance procedures under 15 U.S. Code 1681e ( a ) ( b ).

Lastly, per 15 U.S. Code 1681n- Civil Liability for willful noncompliance - 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 ; With regard to my data privacy, per Privacy Act of 1974 5 U.S. Code 552b-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 To a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

Which translates, again, that written consent is required by me, the consumer, to disclose any information from any system of records pertaining to my transactional history. I did not provide written authorization for any of the information contained in my consumer report, thus the Experian is also in violation of Privacy Act of 1974 5 U.S. Code 552b.

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