Consumer complaint received 2022-12-14
Company: Experian Information Solutions Inc.
State: NY
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:
XXXX XXXX XXXX Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out my rights are being violated,. My personal information was sold to a non affiliate per 16 CFR 313.1 -313.7 XXXX XXXX  {$960.00} Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out my rights are being violated, My personal information was sold to a non affiliate per 16 CFR 313.1 -313.7 XXXX XXXX  {$17000.00} Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out my rights are being violated 16 CFR 433.1-433.3, This account is suppose to be updated as paid as agreed with no transactional history being reported 15 U.S. Code 1666b. 
XXXXXXXX XXXX XXXX XXXXXXXX {$500.00} XXXX Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out, 16 CFR 313.1-313.7 my rights are being violated, This account with XXXX XXXX XXXXs suppose to be updated as paid as agreed with no transactional history being reported. 15 U.SXXXX Code 1666b. 
XXXX XXXX XXXX XXXXXXXX Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out, 16 CFR 313.1-313.7 my rights are being violated, This account with XXXX  XXXX is suppose to be updated as paid as agreed with no transactional history being reported. 15 U.S. Code 1666b XXXX XXXX - {$0.00} Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out my rights are being violated, This account is updated as paid as agreed but should also show no transactional history being reported. 15 U.S. Code 1666b XXXX XXXX XXXX  {$930.00} Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out my rights are being violated, This is suppose to be updated as paid as agreed with no transactional history being reported 15 U.S. Code 1666b. they have the account closes and then activity of a late payment after which can not be done. 
XXXX XXXX {$890.00} Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out my rights are being violated, This account with is suppose to be updated as paid as agreed with no transactional history being reported. 15 U.S. Code 1666b XXXX XXXX XXXX XXXX Per the privacy act of 1974 and 15 USC 6802-6805 Opt-out my rights are being violated This account is suppose to be updated as paid as agreed with no transactional history being reported. 15 U.S. Code 1666b AS well as the rest of the laws listed here go in to how my rights were violated and take advantage of in suchMoreover, these accounts violate debt collections, and abusive and unfair practices per section 1692f ( 1 ) adding additional amounts.

Per FCRA 605B ( 15 U.S.C. 1681c-2 ) CREDIT AGENCY are required to remove any items not later than 4 business days after the receipt.

15 U.S.C. 1681s-2 ( A ) ( 1 ) 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. This means that the credit bureau is willing and knowingly reporting inaccurate information to my report. 
In accordance with the Fair Credit Reporting act has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. I have no knowledge of these companies and they shouldnt be reporting as I never gave permission for the reporting per Section 1681a -I sent correspondence to the Credit Bureaus regarding this. I was never notified in writing per 15 U.S.C 1692ag prior to accounts being on my credit report, within 5 days. 
15 U.S. Code 1681b - Permissible purposes of consumer reports a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.

15 U.S. Code 1666b - Timing of payments ( a ) Time to make paymentsA creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose,- they can not report late payments on ypur credit card on for any purpose 31 CFR 29.518 - Reporting delinquent debts to credit bureaus. 
e ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. 
( b ) CONDITIONS OF DISCLOSURE.No agency shall disclose any record which is contained in a system of records by any means of communica- tion 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 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Opt out ( 1 ) In generalA 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 ; 5 U.S. Code 552a - Records maintained on individuals ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or n ) Mailing Lists.

An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. 
Civil Remedies.Whenever any agency- makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual 16 CFR 313.3 ( 1 ) Nonaffiliated third party means any person except : ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third partyincludes the other company that jointly employs the person ).

( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type 16 cfr 313.3 states ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 313.14 and 313.15.

1 ) You do not disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 15 U.S. Code 1601- Congressional findings and declaration of purpose It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.

16 CFR 433.1 d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement.

6 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX XXXX from requirements of 433.2 ( a ).

433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX XXXX from requirements of 433.2 ( a ).

( a ) Any seller who has taken or received an open end consumer credit contractbefore XXXX XXXX XXXX shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.

( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.

( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.

( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.

15 U.S. Code 1692e - False or misleading representations 15 USC 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.

( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.

( 13 ) The false representation or implication that documents are legal process.

( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.

( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.

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