Consumer complaint received 2023-09-29
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I disputed acct. XXXX on XX/XX/XXXX through the CFPB and in response XXXX XXXX XXXX ( XXXX ) presented documents related to an alleged debt I disputed. In review of the company response Im requesting XXXX prove that they purchased the debt and that they still own it. I want the entire purchase agreement contract between XXXX XXXX XXXX XXXX XXXX pertaining to this disputed account. I want to review the terms of the agreement. I will not accept just a bill of sale document as Ill invoke my right to exercise the completeness doctrine. Also, in the response under credit listing the company stated we have reviewed your credit listing in response to your complaint. It is in our view that the listing is accurate and reported in line with our credit reporting policy and the law. How is that when the companys response states on or around XX/XX/XXXX for date opened? XXXX doesnt know for sure the exact date especially stating around. The documents show signature dates of XX/XX/XXXX and XXXX is reporting to my credit report XX/XX/XXXX for date opened. How is the account reported in line with the law when XXXX is reporting installment loan under original creditor?? At the top of the response letter the company states XXXX XXXX is the original creditor. These are clear violations of the FCRA. 
15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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.

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 

In further review of the companys response to my dispute XXXX provides a privacy notice as apart of the contract. When I review the privacy notice by law Im suppose to get 3 disclosures under 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Experian is a non affiliated third party and this privacy notice states that the consumer can not limit ( opt out ) their information for being shared to a credit bureau ( Experian ). This is breaks federal law and is fraudulent activity.

For our everyday business purposes- such as to process your transactions, maintain your account ( s ), respond to court orders and legal investigations, or report to credit bureaus XXXX XXXX XXXX XXXXXXXX XXXX XXXX share? Yes Can you limit this sharing? No This privacy notice does not allow the consumer to fully exercise disclosure B under the law making this fraud and without proper consent that is identity theft.

18 U.S. Code 1028 - Fraud and related activity in connection with identification documents, authentication features, and information I demanding this account be deleted now as I start the process to hold XXXX XXXX XXXX liable for breaking federal law and for multiple violations of the FCRA. I will submit this same dispute to Experian as well as the XXXX  and the state attorney general. I will also be submitting an identify theft report with the FTC against XXXX. 

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 I will exhaust all legal remedies until this account is deleted from my Experian consumer file.

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 non-monetary relief