Consumer complaint received 2023-11-23
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:
I trust this CFPB compliant finds you well. I am writing to bring to your attention certain concerns I have regarding the handling of my private information by XXXX, XXXX and Experian, all recognized as consumer reporting agencies under the Fair Credit Reporting Act ( 15 USC 1681 ).

As per 15 USC 1681, Section 602 ( a ), it is emphasized that consumer reporting agencies must discharge their responsibilities with fairness, impartiality, and a due regard for the consumers right to privacy. Moreover, the legislation underscores the obligation of financial institutions, defined to include entities furnishing information to credit agencies, to uphold the privacy and security of customers nonpublic personal information ( 15 USC 6801 ).

According to 15 USC 1681, Section 604 ( a ) ( 2 ), consumer reporting agencies may furnish a consumer report solely in adherence to the written instructions of the concerned consumer. Regrettably, neither the financial institution ( Furnisher of information to credit agencies ) nor the consumer reporting agencies, XXXX and Experian, possess my explicit consent, be it verbal, non-verbal, written, implied, or otherwise, to disseminate my information.

It is worth noting that 15 USC 6802 ( b ) ( c ) mandates financial institutions to refrain from disclosing nonpublic personal information to nonaffiliated third parties without adequately informing the consumer of their right to exercise a nondisclosure option. Contrary to this provision, I have not been apprised of my right to exercise this option, thereby rendering any such disclosures noncompliant with the statutory requirement.

Furthermore, 15 USC 1681C ( a ) ( 5 ) explicitly prohibits consumer reporting agencies from including adverse items of information in a consumer report without authorization, with exceptions delineated in subsection ( b ). The reporting of adverse information, specifically entries such as XXXX XXXX XXXX XX/XX/XXXX, XXXX XXXX XXXX XXXXXX/XX/XXXX, XXXX XXXX XX/XX/XXXX, XXXX XXXX XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX and XXXX  XXXX XXXX XX/XX/XXXX, without my explicit permission is a clear violation of this provision.

Section 1681s-2 ( A ) ( 1 ) ( A ) underscores that furnishing inaccurate information to consumer reporting agencies is impermissible. Additionally, 15 USC 1681e mandates consumer reporting agencies to maintain reasonable procedures to avoid violations and limit the furnishing of reports to authorized purposes. Regrettably, XXXX and Experian appear to be in contravention of these stipulations.

Moreover, in accordance with 12 CFR 1016.7, I hereby exercise my right to opt out of your reporting services, effective immediately. 

It is imperative to bring to your attention that I have contacted XXXX, XXXX, and Experian on multiple occasions to rectify inaccuracies in my credit report. Despite these efforts, my concerns have been disregarded during recorded phone conversations over the past six months. This pattern of willful noncompliance raises serious concerns about the agencies commitment to adhering to statutory obligations. 

I kindly request your prompt attention to rectify these matters

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