Consumer complaint received 2022-06-05
Company: Experian Information Solutions Inc.
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
XXXX XXXX XXXX XXXX XXXX violated my rights. 
Please be advised that under Federal Statutes, The Fair Credit Reporting Act, ( 15 U.S.C. 1681 et seq ) and North Carolina 's Consumer Credit Statutes, and subtitle D of the ARRA, SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES ; and SEC. 13407 ( 1 ) BREACH OF SECURITY. 
The term 'breach of security ' means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. You may be held liable for the actions of XXXX XXXX XXXX. 
Please note that these liabilities are under the penalty rules of the Omnibus Final Rule effective XX/XX/XXXX interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 ( HITECH Act ) as issued XX/XX/XXXX ( a ) Duty of furnishers of information to provide accurate information. ( 1 ) Prohibition. ( A ) Reporting information with actual knowledge of errors. 
HIPAA and North Carolina 's Medical Privacy Statutes and the penalty provisions of the ARRA section D, privacy provisions, the penalty rules of the HITECH Act as issued XX/XX/XXXX and the Omnibus Final Rule effective XX/XX/XXXX and the FACT Act final rules effective XX/XX/XXXX are in effect in this situation. 
The Privacy Rules prohibits a covered entity from using or disclosing an individual 's protected health information ( " PHI '' ) unless specially authorized by the individual or otherwise allowed under the Privacy Rules.

In general, PHI encompasses substantially all " individually identifiable health information '' that is transmitted or maintained in any medium. " Individually identifiable health information '' includes health information that is created or received by a health care provider, health plan, employer, or health care clearinghouse, and that relates to an individual 's physical or mental health or condition, including information related to an individual 's care or the PAYMENT for such care. 
Your furnishing of my account information to Medical Data Systems, is not in compliance with HIPAA, or North Carolina 's Privacy Act, and any subsequent reporting of this account on my credit reports to is a clear violation of Public Law 104-191 ( " HIPAA '' ).

I am requesting you promptly rescind all such account information furnished to XXXX XXXX XXXX and require them to purge their records of all reference to this account, and that you insure that any and all reporting of this account is immediately deleted from my credit reports. 
Please respond, in writing within 10 days acknowledging that you are processing this request. 
I am reserving the right, to take appropriate legal and civil action including reporting to any applicable regulatory authorities any lack of cooperation or compliance with this request. 
I hereby waive my rights under HIPAA and any State Privacy Act for the single purpose of your transmission of this request and accompanying documentation in any required report you must make to your XXXX XXXX XXXX insurance carrier. 
Sincerely, XXXX XXXX

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