Consumer complaint received 2023-08-31
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:
In accordance with the Fair Credit Reporting Act, specifically 15 USC 1681 section 602 subsection a, it emphasizes the importance of consumer reporting agencies fulfilling their responsibilities in a fair, impartial, and respectful manner towards individuals ' privacy rights. XXXX XXXX and Experian are examples of such agencies, and as a consumer, I have the right to safeguard my personal information from being shared. This right is reinforced by 15 USC 6801, which states that financial institutions have an ongoing obligation to uphold customer privacy and protect the security and confidentiality of their nonpublic personal information. By definition, the " furnisher of information to credit agencies '' falls under the category of financial institutions. Moreover, 15 USC 1681 section 604 subsection a subsection 2 specifies that consumer reporting agencies can only provide consumer reports under certain circumstances and with the written instructions of the relevant individual. Neither the financial institution nor the consumer reporting agencies, XXXX XXXX and Experian, have obtained my consent in writing or any other form. Consequently, any consent previously given to XXXX XXXX, Experian, or the " furnisher of information to credit agencies, '' whether expressed verbally, non-verbally, in writing, implied, or otherwise, is hereby revoked. According to 15 USC 6802 subsections b and c, a financial institution can not disclose nonpublic personal information to a nonaffiliated third party without explaining to the consumer how they can exercise their option to maintain nondisclosure. However, the " furnisher of information to credit agencies '' failed to inform me of this right. Furthermore, as per 15 USC 1681C subsection a subsection 5, no consumer reporting agency is permitted to include certain adverse information in a consumer report unless authorized under subsection b or if the information is a record of a crime conviction that predates the report by more than seven years. Since this account is an adverse item being reported without my consent, it is a violation of the law. Additionally, 15 U.S. Code 1681s2 subsection A subsection 1 prohibits any person from furnishing inaccurate information about a consumer to a consumer reporting agency if they have knowledge or reasonable cause to believe it is inaccurate. Moreover, 15 U.S. Code 1681e mandates that consumer reporting agencies establish and maintain reasonable procedures to prevent violations of section 1681c and to restrict the provision of consumer reports to the purposes listed in section 1681b. XXXX XXXX and Experian have not demonstrated reasonable procedures in this regard. Lastly, as outlined in 12 CFR 1016.7, consumers have the right to opt out of reporting services at any time. Therefore, I am exercising my right to opt out of your reporting services.

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