Consumer complaint received 2023-07-20
Company: Experian Information Solutions Inc.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' Experian is a consumer reporting agency and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " 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 customers nonpublic personal information. '' XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX are financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX and the Consumer reporting agency Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to Experian, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information, Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' These accounts are adverse items they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Experian is not maintaining reasonable procedures. 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. I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal, or non-verbal per 15 USC 6802 and 16 CFR 313.4. 
Experian you are also in violation of P.L. 90-321 ( 82 Stat. 146 ) for not obtaining my express written consent to add any of the aforementioned accounts to my consumer report. Furthermore Experian is also in violation 15 U.S Code 1681 ( Pub. L. 90321, title VI, 602 ), for Inaccuracy and Unfairness of my consumer report by reporting the aforementioned accounts, which have been removed from my XXXX XXXX report for similar FCRA and Privacy Act of 1974 violations. Additionally Experian is in violation of 15 U.S Code 1681a ( 2 ) ( Pub. L. 90321, title VI, 603 ), for reporting " Information solely to transactions, or experiences between the consumer and the person making the report '', further violating my consumer rights to privacy. This is causing me harm and distress by defaming my character and credit worthiness, which has resulted in denials of extension of credit and adverse action against me by creditors. 
Furthermore, Experian has committed multiple counts of copyright and trademark infringement for unauthorized use of my protected property " XXXX XXXX XXXX, by selling of and profiting from my property, to but not limited to ; subprime lenders, 3rd party data collection agencies, and other non-affiliates without my notice or consent. 
Lastly Experian has committed multiple counts of XXXX XXXX by purchasing and selling retail installment contracts, credit card applications, and other consumer credit contracts baring my wet signature, on the secondary market, that Experian was never a party to and lacks full contractual capacity and security interest. Experian I'd like to remind you that you this is not only a violation under The Securities Exchange Commission but the Federal Trade Commission as well. 

Let it be known I have also sent a copy of this notice to the Federal Trade Commission and The Attorney General. Furthermore, I am aware that you are monetizing from both affiliates and non-affiliates, by selling my personal information ( Trademark protected property ) to subprime lenders without my express consent or notice. 
This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provision on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. 
Im looking forward to your timely response and handling of this matter of equity.

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