Consumer complaint received 2023-10-29
Company: Experian Information Solutions Inc.
State: TX
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:
This is my second letter concerning matters of being violated in regards to my consumer report. The dispute you received on XX/XX/2023 EXPERIAN did not respond to the items I disputed within 30 days should have been deleted from my consumer report. Upon checking my report the items are still listed on my consumer credit report. 

The law is very clear of the Civil Liability and remedy to me for the negligent noncompliance ( Section 617 ) if you fail to comply with this law ( s ).

I am now giving notice the accounts listed in this dispute must be deleted as I now OPT OUT of having these accounts be reported on my credit report. 

I am aware that the consumer must be given a chance to direct whether I want the information about any personal private transaction to be reported or not. This is referenced in the XXXX XXXX XXXX. I was not given the chance to opt-out of having this information about { XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX ) not to be reported and is a violation of 15 U.S. Code 1681a ( 2 ) ( A ) ( iii ) and must be removed. { XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX XXXX ) are financial institutions by definition under title 15 USC 1681 section 604 sub section 2 states subject to subsection c, any consumer 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, XXXXXXXX XXXX  and XXXX XXXX ) the financial institutions and the XXXX XXXX XXXX agency EXPERIAN does not have my consent to furnish this information and EXPERIAN surely doesn't have my written consent. Any and all consent to EXPERIAN and the above listed financial institutions 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 non affiliated 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 ) 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. The accounts listed in this dispute are accounts they are reporting, again, without my permission or written consent which is against the law. 15 USC 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 USC 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 purpose 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 related to these accounts as of XX/XX/2023. Please permanently delete these accounts from my consumer report immediately. 

EXPERIAN is willfully violating my consumer rights and disregarding consumer laws and regulations. 

I have requested EXPERIAN send me an updated consumer credit report with the deleted items immediately.

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