Consumer complaint received 2023-07-17
Company: Experian Information Solutions Inc.
State: FL
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:
I am writing to bring to the attention of the Consumer Financial Protection Bureau ( CFPB ) a pressing concern regarding the presence of school loans on my consumer file, which I believe may constitute a clear violation of several federal laws aimed at safeguarding consumer rights and ensuring fair credit reporting practices. I am seeking your assistance to address these potential violations and would like to reference the following laws : Firstly, I refer to the Privacy Act of 1974 ( 5 U.S. Code 552a ), which explicitly requires credit reporting agencies, including the one in question, to maintain accurate and relevant records by obtaining written consent before adding any information to a consumer file. In light of this requirement, I request the CFPB 's guidance in ensuring that the credit reporting agency involved has diligently adhered to this mandate, securing my explicit written consent before incorporating the alleged school loans in my consumer file. 

Secondly, I call attention to 12 CFR 1022.3, which deems the addition of information to a consumer file without prior written consent as a potential act of identity theft. I urge the CFPB to thoroughly investigate this matter and request that the credit reporting agency provide any documentation or proof of my consent allowing the inclusion of the school loans in my consumer file. Should such evidence be absent, I anticipate the CFPB 's intervention to ensure appropriate corrective actions are taken, and that a detailed explanation is provided for the unauthorized inclusion and reporting of this sensitive information. 

Furthermore, I wish to highlight the Fair Credit Reporting Act ( 15 U.S. Code 1681a ( 2 ) Exclusions ), which specifically exempts certain data, such as student loans, from the definition of " consumer report '' unless explicit written consent has been obtained. To ensure compliance, I request the CFPB 's assistance in verifying the credit reporting agency 's adherence to this provision and its ability to furnish any documentation or evidence demonstrating my explicit written consent for the inclusion of these loans in my consumer file. 

Additionally, I draw your attention to the Fair Credit Reporting Act ( 15 U.S. Code 1681 ), which obliges credit reporting agencies to maintain accurate and fair credit reporting practices. I seek the CFPB 's guidance in reviewing the credit reporting agency 's practices concerning the alleged school loans on my consumer file, and request the CFPB 's support in ensuring that documented proof of compliance is provided. 

Lastly, in accordance with the Family Educational Rights and Privacy Act ( 20 USC 1232g ( b ) ), educational institutions are required to obtain written consent before disclosing education records to third parties, including credit reporting agencies. I respectfully call upon the CFPB to investigate this matter and request evidence indicating that the educational institution responsible for the alleged school loans sought and obtained my written consent before disclosing this sensitive information. 

I urge the CFPB to diligently address each of these concerns and inquiries within a reasonable timeframe. Given the gravity of these potential violations, I trust that the CFPB will conduct a thorough investigation and work towards securing my consumer rights. I eagerly anticipate the CFPB 's response outlining its findings and the actions taken to rectify any violations. 

Enclosed is a copy of my previous written request in XX/XX/XXXX, where I attempted to have the school loans deleted and opted out of their reporting, further supporting my position on this matter. All correspondence related to this dispute should be directed to the address provided. Upon resolution of this matter, I kindly request written confirmation of the removal of the disputed information from my consumer file. 

Thank you for your dedicated attention to this issue, and I appreciate the CFPB 's assistance in upholding consumer rights and ensuring compliance with federal laws.

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