Consumer complaint received 2023-09-25
Company: Experian Information Solutions Inc.
State: NJ
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 XXXXXXXX XXXX Opened XX/XX/XXXX XXXX  Opened XX/XX/XXXX XXXX Opened XX/XX/XXXX As per the Fair Credit Reporting Act, 15 USC 1681 section 602 ( a ), it is imperative to ensure that consumer reporting agencies discharge their significant responsibilities with equitability, impartiality, and due regard for the consumers right to privacy. XXXX, XXXX, and Experian are recognized as consumer reporting agencies, and I, in turn, am the Consumer. I hold the prerogative to safeguard my private information, a right reinforced by 15 USC 6801, which stipulates that Congress deems it a policy for financial institutions to proactively uphold customer privacy and safeguard the security and confidentiality of their nonpublic personal information. 

As defined within that statute, a 'Furnisher of information to credit agencies ' indeed qualifies as a financial institution. Section 604 ( a ) ( 2 ) of 15 USC 1681 delineates that, with exceptions noted in subsection ( c ), a consumer reporting agency may furnish a consumer report exclusively upon receipt of written instructions from the concerned consumer. Both the 'Furnisher of information to credit agencies ' and the consumer reporting agencies XXXX XXXX XXXX XXXX and Experian lack my authorization to provide this information, and certainly do not possess my written consent. 

Furthermore, in accordance with 15 USC 6802 ( b ) ( c ), a financial institution is prohibited from disclosing nonpublic personal information to a nonaffiliated third party unless the consumer is informed of their right to exercise a nondisclosure option. The 'Furnisher of information to credit agencies ' never informed me of this right. Additionally, 15 USC 1681C ( a ) ( 5 ) explicitly states that no consumer reporting agency may include certain adverse information in a consumer report, unless authorized under subsection ( b ), and such information can not extend beyond a seven-year timeframe. The inclusion of this account as an adverse item without my consent is a violation of the law.

Moreover, in accordance with 15 U.S. Code 1681s2 ( a ) ( 1 ), it is prohibited to furnish any information regarding a consumer to a consumer reporting agency if there is knowledge or reasonable cause to believe that the information is inaccurate. Additionally, 15 U.S. Code 1681e mandates that every consumer reporting agency must establish reasonable procedures to prevent breaches of section 1681c and restrict the provision of consumer reports to purposes listed under section 1681b. 

Regrettably, XXXX, XXXX, and Experian are not adhering to these reasonable procedures. Lastly, in line with 12 CFR 1016.7, a consumer retains the right to opt out of reporting services at any given time. I hereby exercise this right and 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