Consumer complaint received 2023-09-06
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:
XXXX XXXX XXXX XXXX ( 52 minutes ago ) to XXXX In accordance with the Fair Credit Reporting Act, specifically 15 USC 1681 section 602 ( a ), it is imperative to ensure that consumer reporting agencies conduct their responsibilities with fairness, impartiality, and a respect for consumers ' privacy rights. XXXX and Experian are prominent consumer reporting agencies, and I, as a consumer, possess the fundamental right to safeguard my private information. This right is fortified by 15 USC 6801, which emphasizes Congress 's policy that financial institutions must consistently respect customer privacy and protect the security of their nonpublic personal information. 

Within the framework of 15 USC 1681 section 604 ( a ) ( 2 ), it is explicitly outlined that any consumer reporting agency may furnish a consumer report solely in accordance with the written instructions of the respective consumer. Neither the financial institution ( referred to as " Furnisher of information to credit agencies '' ) nor the consumer reporting agencies, XXXX and Experian, have obtained my consent, written or otherwise, to furnish this information. 

Further, 15 USC 6802 ( b ) ( c ) mandates that a financial institution can not disclose nonpublic personal information to a nonaffiliated third party without providing the consumer with an explanation of how to exercise the nondisclosure option. However, the Furnisher of information to credit agencies never informed me of this right, thus breaching this statutory requirement. 

Additionally, 15 USC 1681C ( a ) ( 5 ) explicitly prohibits consumer reporting agencies from including certain adverse information in consumer reports without authorization. This account is an adverse item being reported without my consent, which is a clear violation of the law. 

Furthermore, 15 U.S. Code 1681s2 ( A ) ( 1 ) stipulates that no person shall furnish inaccurate information to a consumer reporting agency, while 15 U.S. Code 1681e mandates that consumer reporting agencies maintain reasonable procedures to prevent violations and limit the furnishing of consumer reports to specific purposes. XXXX and Experian appear to be in breach of these requirements. 

Lastly, as per 12 CFR 1016.7, consumers have the right to opt out of reporting services at any time. In light of the aforementioned violations and concerns, I am exercising my right to opt out of your reporting services. 

In summary, the Fair Credit Reporting Act and related statutes emphasize the need for fairness, privacy protection, and consumer consent in the reporting and sharing of personal information, and I assert my rights accordingly. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting 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