Consumer complaint received 2023-09-08
Company: Experian Information Solutions Inc.
State: GA
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:
" As per the Fair Credit Reporting Act, specifically 15 USC 1681 section 602 ( a ), it is emphasized that 'consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX, XXXX, and Experian, being consumer reporting agencies, and I, as the consumer, hold the right to safeguard my private information, which is supported by 15 USC 6801. This statute states that 'each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ' Furthermore, it is crucial to note that the entities providing information to credit agencies, are classified as a financial institution under this title, falls under these provisions. 
The situation is governed by 15 USC 1681 section 604 ( a ) ( 2 ), which clearly states that '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. ' It is evident that the financial institutions ( the entity furnishing information to credit agencies ) and the consumer reporting agencies, XXXX, XXXX, and Experian, lack my consent and, more importantly, my written consent for such information sharing. I hereby revoke any form of consent, whether verbal, non-verbal, written, implied, or otherwise, given to XXXX, XXXX, Experian, and the furnisher of information to credit agencies. 
15 USC 6802 ( b ) ( c ) clearly stipulates that 'A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ' Regrettably, the furnisher of information to credit agencies failed to inform me of my right to exercise the nondisclosure option. Furthermore, 15 USC 1681C ( a ) ( 5 ) explicitly states that 'no consumer reporting agency may make any consumer report containing any of the following items of information, except as authorized under subsection ( b ) : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. ' The account in question is considered an adverse item being reported without my consent, which is a violation of the law. 
Additionally, 15 U.S. Code 1681s2 ( A ) ( 1 ) ( A ) states that '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. ' XXXX, XXXX, and Experian are thus obliged to adhere to this provision. Furthermore, 15 U.S. Code 1681e mandates that 'Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. ' It is evident that XXXX, XXXX, and Experian are not fulfilling these obligations by not maintaining reasonable procedures. 
Finally, 12 CFR 1016.7 explicitly asserts that 'a consumer may exercise the right to opt out at any time. ' In light of the above, I am hereby 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