Consumer complaint received 2022-12-20
Company: Experian Information Solutions Inc.
State: TX
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:
I XXXX XXXX, the consumer, was contacted by XXXX XXXX XXXX XXXX XXXX in XX/XX/XXXX for an account that was sold to them by XXXX XXXX, with my personal sensitive information. After further investigation I received mail correspondence from XXXX XXXX proving that my personal information was shared with a non-affiliate. I also discovered that this account has been shared with the XXXX XXXX XXXX XXXX and Experian by XXXX XXXX since XX/XX/XXXX, without my expressed written consent. I did not authorize the sharing of my information with ANY non-affiliates. According to The Fair Credit Reporting Act 15 USC 1681 603, the term Bureau means the Bureau of Consumer Financial Protection, this is not to be misconstrued with the term Consumer Reporting Agency. When I spoke with XXXX, one of the customer care supervisors of XXXX on XX/XX/XXXX, she claimed that these legal definitions can be used synonymously, while one is a Regulatory Agency and the other refers to privately own companies that collect data and are regulated by the CFPB, this is Language Fraud and a violation of the Privacy Policy I signed with you!

I filed a complaint with Bureau of Consumer Financial Protection XX/XX/XXXX against XXXX XXXX XXXX for violations of collecting and sharing my personal information with the consumer reporting agencies, and not being licensed in the state of California to collect debt. To which they ceased all debt collection activity and removed their tradeline from the reporting agencies. XXXX XXXX is still sharing my personal information with the reporting agencies as a charged off account. This means that you wrote the debt off on your taxes and this is now income for me to claim according to the IRS publication. Neither income nor transaction history can be reported on my consumer report. This matter is a violation of the Privacy Act of 1974, The Fair Credit Reporting Act under 15 USC 1581/ Pub. L. 90321, title VI, 602, The Fair Debt Collection Practice Act, and The Securities Act of 1933 for securities fraud.

Id like to remind you that according to the Privacy Act of 1974, 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 Additionally, according to Fair Credit Reporting Act, 15 USC 1681 ( a ) you must exercise fair and accurate credit reporting and respect for the consumers right to privacy. 15 USC 1681 ( b ) states that a consumer reporting agency may only furnish a consumer report in accordance with the WRITTEN INSTRUCTIONS OF THE CONSUMER, to whom it relates. Under 16 CFR 313 you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless you have provided to the consumer an initial notice, provided to the consumer an opt out notice, given the consumer a reasonable opportunity, before you disclose the information to the non-affiliated third party, to opt out of the disclosure ; and the consumer does not opt out.

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