Consumer complaint received 2023-11-15
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:
On XX/XX/XXXX, I sent them a letter stating that I wanted to opt out already but they still won't comply. 
Under the Fair Credit Reporting Act ( XXXX XXXX XXXX section XXXX ), emphasizing the necessity to ensure that consumer reporting agencies exercise their responsibilities with " fairness, impartiality, and a respect for the consumers right to privacy, '' I, as the Consumer, am asserting my right to safeguard my private information. This right is supported by 15 USC 6801, which underscores the obligation of financial institutions to respect customer privacy and protect nonpublic personal information.

Experian, is being the consumer reporting agency, must adhere to 15 USC 1681 section 604a section 2, which specifies that they can furnish a consumer report only " in accordance with the written instructions of the consumer to whom it relates. '' The financial institutions, recognized as XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX, all falls under this category. However, neither these financial institution nor the consumer reporting agency, Experian, possess my consent or written authorization to furnish this information. Revoking any and all forms of consent, whether verbal, non-verbal, written, implied, or otherwise, I assert my right to control the sharing of my information with XXXX, XXXX, Experian, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  and XXXX XXXX. 
Referring to 15 USC 6802 ( b ) ( c ), it explicitly states that a financial institution can 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. '' The Furnisher of information to credit agencies failed to inform me of this right. 
Furthermore, in accordance with the Privacy Act of 1974, governing the collection, maintenance, use, and dissemination of personal information by federal agencies, and the Fair Credit Reporting Act, 15 USC 1681C ( a ) ( 5 ) prohibits consumer reporting agencies from including certain adverse information in a consumer report without authorization. The reporting of this adverse item without my permission is a violation of both acts.

In compliance with 15 U.S. Code 1681s2 ( A ) ( 1 ) A, 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 are not maintaining reasonable procedures.

Additionally, as per 12 CFR 1016.7, " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.

Company response to consumer: In progress