Consumer complaint received 2023-10-18
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:
I am a living man made in the image and likeness of god. My name in ALL CAPS is not me. I am the Beneficial Owner known as XXXX XXXX XXXX XXXX the person XXXX XXXX XXXX who these records and accounts are directly related. 

The account in reference is listed on Experian as : US DEPT OF EDXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX To quote the Fair Credit Reporting Act, 15 USC 1681 ( a ) 4 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. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 ( a ) 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. '' The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ).

This Act serves two primary purposes : 1. It gives parents or eligible students more control over their educational records, 2. It prohibits educational institutions from disclosing personally identifiable information in education records without the written consent of an eligible student, or if the student is a minor, the students parents.

Because of the Family Educational Rights and Privacy Act 34 CFR Part 99 which protects the privacy of student educational records, I have a right to privacy in this matter.

Furthermore 15 U.S. Code 1681b - Permissible purposes of consumer reports, Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

Furthermore 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports, 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 account referenced states adverse inaccurate information stating it is potentially negative 21 months. Potentially meaning existing in possibility but not in act. Naturally and probably expected to come into existence at some future time, though not now existing. This isnt an accurate reporting.

Furthermore as stated 15 U.S. Code 1681e - Compliance procedures- ( b ) Accuracy of report, Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

Furthermore 12 CFR 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party.

12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( i ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing.

Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. XXXX XXXX XXXX I am opting out of your reporting services and Experian for reporting this account only. 

In accordance with the laws stated in this complaint I am demanding Experian and XXXX XXXX to furnish me with evidence of : 1. Prior written consent signed by me with a wet signature in agreement with disclosure of my nonpublic private records/information.

2. Evidence of any reasonable opportunities to opt out as the law states.

3. Written and signed agreement that the account in reference, Balance details, Account info, Payment summary etc. is one hundred percent true and accurate.

15 U.S. Code 1681n - Civil liability for willful noncompliance, ( a ) In general : Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance, In general : Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure.

Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures.

By Experian violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. Experian and XXXX XXXX have also violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974.

15 U.S. Code 6805 Enforcement, ( a ) In general : Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.

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