Consumer complaint received 2023-12-05
Company: Experian Information Solutions Inc.
State: NY
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX Per the FCRA as a federally protected consumer. I am now opting out of any all authorization. Any and all verbal, nonverbal, written and unwritten authorization I, XXXX XXXX may have given to XXXX XXXX XXXX XXXX and Experian on any of my consumer report to provide and exchange any information to each other. 
Experian is breaking the laws that is set in place to protect me XXXX XXXX AND my consumer credit report, these laws are here to make sure my credit file and credit report has the proper reflection of each account. The laws stated in this letter is the way my account should be reporting and/ or the way this account should be reflected onto my credit report. I am requesting that each account listed here is investigated and corrected due to each law stated here. This account is NOT PROPERLY being reported. I am allowed per this law to tell the credit agencies how I want my accounts to be reflected and if they should be reported. I am opting out of ant and all reporting of these accounts being reported. This account is to be DELETED IMMEDIATLEY. 
Account Name XXXX XXXX XXXX XXXX XXXX XXXX - XXXX - DELETED INDEFINITELY AND IMMEDIATELY. 
A year ago I sent Experian a opt- out letter stating that I am rescinding my permission I gave to the unknowingly and/or knowingly to report accounts to my credit file without my knowledge. 
Per 15 USC 6802-6805 and 16 CFR 313. DELETE IMMEDIATELY AND INDEFINITELY. 
This account is not with XXXX XXXX XXXX XXXX exchanged my personal information WITHOUT MY KNOWLEDGE OR PERMISSION. This account is being reported incorrectly across all credit reporting agencies Experian, XXXX XXXX, XXXX with dates, balances, and account statues as well as the consistent monthly reporting of the account. These inconsistencies and false and misleading reporting of my account does a great disservice to me as a consumer, Experian is at fault for the discrepancies that is being reported with this account on my credit profile. DELETE IMMEDIATLEY DUE TO 15 U.S. Code 1692e - False or misleading representations- 2 ) The false representation of ( A ) the character, amount, or legal status of any debt. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. 
Per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1681b Permissible purposes and 12 CFR 1022.41b Direct Dispute. This notice states that your claim is disputed and validation of the account is required to MAXIMUM ACCURACY. 15 U.S. Code 1681c2 - Block of information resulting from identity theft- ( a ) a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency. 15 U.S. Code 1681a - Definitions ; rules of construction- ( d ) Consumer Report. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; I never gave XXXXXXXX XXXX XXXX XXXX or Experian, the permission Per 15 USC 6802-6805 and 16 CFR 313. EFFECTIVE IMMEDIATELY AND INDEFINITELY. 
26 U.S. Code 6050P - Returns relating to the cancellation of indebtedness by certain entities- ( a ) In general- ( 1 ) the name, address, and TIN of each person whose indebtedness was discharged during such calendar year, the date of the discharge and the amount of the indebtedness discharged. 
When a debt is classified as closed out, an agency must determine if the amount due on the debt should be reported to the Internal Revenue Service ( IRS ) as potential income to the debtor under section 6050P of the Internal Revenue Code ( 26 U.S.C. 6050P ). An agency reports such debts to the IRS using IRS Form 1099-C. The program decision to terminate collection action and accounting decision to write-off DEBT often. Charged off and closed out accounts are considered certificates of indebtedness and this is INCOME. INCOME CLEARLY CAN NOT BE REPORTED TO ANY CREDIT REPORT. 
As clearly being stated here this alleged debt that XXXXXXXX XXXX XXXX XXXX says they have is no longer a debt. It is a credit that I am suppose to be filing on my taxes. Experian is wrong for reporting such debt because this is income under 26 U.S.C. 6050P and the IRS section 6050P. EXPERIAN IS TO DELETE THIS ACCOUNT IMMEDIATELY. 
The FTC clearly states that The Gramm-Leach-Bliley Act seeks to protect consumer financial privacy. Its provisions limit when a " financial institution '' may disclose a consumer 's " nonpublic personal information '' to nonaffiliated third parties. The Gramm-Leach-Bliley Act was violated during this process in when my personal financial information. I have the right to stop my non personal, personal data from being shared with any other non affiliate or affiliate. This debt is clearly violation of my privacy rights once again. My information was not safegaured it was sold with out my knowledge or agreement to. Second, if you receive " nonpublic personal information '' from a financial institution with which you are not affiliated, you may be limited in your use of that information. Consumers and customers who have the right to opt out may do so at any time. Once you receive an opt-out direction from your existing consumers or customers, you must comply with it as soon as is reasonably possible. - FTC CLEARLY STATES THIS!!!!! 
XXXX XXXX XXXX XXXX or Experian to report my personal information or account information, which is a VIOLATION OF MY PRIVACY per The Privacy Act of 1974 ( 5 USC 522a ), including Statutory Notes ( 5 U.S.C. 552a ), Protects records about individuals retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol. and Opt Out Notices law 16 CFR 313.4 Initial privacy notice to consumers required. ( a ) Initial n 15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy It is the policy of the Congress 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 customersnonpublic personal information. 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 
Per 15 USC 1666a -b Reporting ADVERSE credit ratings or standings on my credit report, Timing on Payment the credit reporting agencies can not report utilization to any 3rd party All 3 companies are reporting Utilization which is wrong. A closed account and charged off account can not report any past due Balances. Per 31 CFR 903.5 AND 31 USC 3711 Also a charged off account is income and a certificate of Indebtedness according to the IRS Publication. Once a debt is charged off by the creditor XXXX XXXXXXXX XXXX XXXX by law is suppose to send me a 1099-C so I can file it on my taxes because it is a certificate of Indebtedness. Income that I claim on my taxes can not be reported to my credit report. DELETE IMMEDIATELY. The credit reporting agencies are not to report income on my credit report. Experian and XXXX XXXX XXXX XXXX  is in violation of my privacy rights Per the Privacy Act of 1974 Also said that under 5 USC 552A your social is not suppose to be given out to anyone. They also sharing information with another 3rd party /non affiliate which is in violation of my 16 CFR 313.7 Opt-Out notice Experian and XXXX XXXX XXXX XXXX violated my rights as well under 15 USC 6802-6805 They are suppose to send me a opt-out letter every 30 days. I Have the right to opt-out of anything on credit report. This is a list of laws that Experian and XXXX XXXX XXXXXXXX XXXX  is abusing and violating. 
In XXXX XXXX XXXXXXXX XXXX XXXX My application and account is made into a asset back security due to them filing with the sec a asset back securitizer XXXX XXXX XXXX is taking my Principal amount and securities interest is being deposited in to their trust. My application and account was already sold and transferred according to their XXXX XXXXXXXX REPORT. 
Rule 15Ga-2 under the Exchange Act ( 17 CFR 240.15Ga-2 ) for the reporting period XXXX XXXX checked this box which on the XXXX XXXX XXXX is currently making money off my account transferring the securities form XXXX XXXX Credit Card XXXX XXXX . From the secuirties exchange of 1934 SEC. 15G. ( 78o11 ) CREDIT RISK RETENTION. ) the term securitizer means ( A ) an issuer of an asset-backed security ; or ( B ) a person who organizes and initiates an asset- backed securities transaction by selling or transferring as- sets, either directly or indirectly, including through an af- filiate, to the issuer ; and ( 4 ) the term originator means a person who ( A ) through the extension of credit or otherwise, cre- ates a financial asset that collateralizes an asset-backed security ; and ( B ) sells an asset directly or indirectly to a securitizer. XXXX XXXX is keeping the securities intrest and principal that is suppsose to be deposited into my account. According to the sec of 1934 Not later than 270 days after the date of enactment of this section, the Federal banking agencies and the Commission shall jointly prescribe regulations to require any securitizer to retain an economic interest in a portion of the credit risk for any asset that the securitizer, through the issuance of an asset-backed security, transfers, sells, or con- veys to a third party. 
I was never given the opportunity to make residual income off of my securities. Yet XXXX XXXX is saying I owe them and has charged off my account which they have made money off of by selling and transferring my securities. This account MUST be deleted now. Along with the rest of the consumer laws that XXXX XXXX has broken. Which is listed further down in my letter. 
The Sarbanes-Oxley Act of 2002 section 109 XXXX XXXX is saying they are abiding by this rules and practice of this act to. Protect its Every issuer which has a class of securities registered pur- suant to section 12 of this title and every issuer which is required to file reports pursuant to section 15 ( d ) of this title shall ( A ) make and keep books, records, and accounts, which, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the issuer ; ( B ) devise and maintain a system of internal accounting controls sufficient to provide reasonable assurances that ( i ) transactions are executed in accordance with man- agements general or specific authorization ; ( ii ) transactions are recorded as necessary ( I ) to permit preparation of financial statements in conformity with gen- erally accepted accounting principles or any other criteria applicable to such statements, and ( II ) to maintain ac- countability for assets ; ( iii ) access to assets is permitted only in accordance with managements general or specific authorization ; and ( iv ) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appro- priate action is taken with respect to any differences ; and ( C ) notwithstanding any other provision of law, pay the al- locable share of such issuer of a reasonable annual accounting support fee or fees, determined in accordance with section 109 of the Sarbanes-Oxley Act of 2002. 


I DEMAND THAT YOU HAVE 4 DAYS TO UPDATE MY ACCOUNT STATUS DELETED INDEFINITELY AND IMMEDIATELY. 
This account is to be DELETED IMMEDIATLEY AND INDEFINITELY. 
{$1000.00} dollars for every month my account was charged off and late for false and misleading reporting Respectfully, 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