Consumer complaint received 2023-12-01
Company: Experian Information Solutions Inc.
State: CA
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:
EXPERIAN INFORMATION SOLUTIONS , INC has allowed XXXX XXXX XXXX XXXX to unlawfully obtain my consumer report at least 46 times within only an 11 month period to my dismay. According to the FCRA in 15 USC Subsection ( b ) ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.

( 2 ) In accordance with the written instructions of the consumer to whom it relates.

( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; ( PLEASE NOTE THAT THE DEFINITION OF the term account in this subsection 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title which states that the definition is 7 ) the term electronic fund transfer means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, direct deposits or withdrawals of funds, and transfers initiated by telephone. Such term does not include ( A ) any check guarantee or authorization service which does not directly result in a debit or credit to a consumers account : ( B ) any transfer of funds, other than those processed by automated clearinghouse, made by a financial institution on behalf of a consumer by means of a service that transfers funds held at either Federal Reserve banks or other depository institutions and which is not designed primarily to transfer funds on behalf of a consumer ; ( C ) any transaction the primary purpose of which is the purchase or sale of securities or commodities through a broker-dealer registered with or regulated by the Securities and Exchange Commission XXXX ( D ) any automatic transfer from a savings account to a demand deposit account pursuant to an agreement between a consumer and a financial institution for the purpose of covering an overdraft or maintaining an agreed upon minimum balance in the consumers demand deposit account ; or ( E ) any transfer of funds which is initiated by a telephone conversation between a consumer and an officer or employee of a financial institution which is not pursuant to a prearranged plan and under which periodic or recurring transfers are not contemplated ; as determined under regulations of the Bureau ( BUREAU bring the CFPB ). Under this law, there is no such permissible purpose. As well, EXPERIAN INFORMATION SOLUTIONS , INC is in violation of the GLBA in sharing my nonpublic personal information with XXXX XXXX XXXX BANK. EXPERIAN INFORMATION SOLUTIONS , INC according to this law is defined as a financial institution in that directly or indirectly holds a transaction account for me as a consumer. Note the definition of a financial institution lawfully in this subsection of law, financial institution ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. 

My privacy is being violated. Permissible purpose is not to be assumed but must be lawfully proven. 
As well, this complaint is not about the type of inquiries but rather that the inquiries were allowed, at all. Its an invasion of my privacy. 
Within 10 days of the receipt of this complaint and request of information through the CFPB PORTAL I am requesting that EXPERIAN INFORMATION SOLUTIONS, INC provide to me that it has certified permissible purpose for each inquiry that EXPERIAN INFORMATION SOLUTIONS , INC has on record to prove that EXPERIAN INFORMATION SOLUTIONS is in full compliance, and not just one or two facets, with the FAIR CREDIT REPORTING ACT and the CALIFORNIA CONSUMER REPORTING AGENCIES ACT. 
Any attempt to deflect to any other information by not giving me exactly what I am requesting by the amount of days that I request this information will be viewed as an unlawful refusal and an undermining of my state and federal laws that will result in my taking lawful action in the form of litigation or arbitration against EXPERIAN INFORMATION SOLUTIONS , INC.

EXPERIAN INFORMATION SOLUTIONS , INC must have the following on file from XXXX XXXX XXXX XXXX before allowing an inquiry on my consumer report : XXXX XXXX XXXX XXXX must have submitted undeniable evidence to EXPERIAN INFORMATION SOLUTIONS , INC. that certifies a permissible purpose for accessing my consumer report, as required under both CALIFORNIA and federal laws. This certification should explicitly state the purpose for which XXXX XXXX XXXXXXXX XXXX is requesting access, such as evaluating my creditworthiness for a loan application, reviewing an existing account, or assessing potential risk. Note : XXXX XXXX XXXX XXXX typing the name of XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  does not certify a permissible purpose for each inquiry placed on my consumer report. 

EXPERIAN INFORMATION SOLUTIONS , INC must also ensure that XXXX XXXX XXXXXXXX XXXX has obtained written consent from me, as the consumer, authorizing the release of my credit information for the specific purpose mentioned in the FCRA. EXPERIAN INFORMATION SOLUTIONS , INCXXXX should require that XXXX XXXX XXXX XXXX provide sufficient identifying information to verify the legitimacy of the each request, such as : the name of the person making the inquiry, their job title, contact details, and any relevant identification numbers associated with XXXX XXXX XXXXXXXX XXXX 
Again, this complaint an request of information is NOT requesting any information about the type of inquiries XXXX XXXX XXXX XXXX has placed nor is this a request for any type of explanation of EXPERIAN INFORMATION SOLUTIONS INC brief overview of the FAIR CREDIT REPORTING ACT nor the CALIFORNIA CONSUMER REPORTING AGENCIES ACT. Explicitly, I am only requesting, within 10 total days of the receipt of this information request and complaint, that EXPERIAN INFORMATION SOLUTIONS, INC sends me via the CFPB PORTAL and regular mail the proof of certification of permissible purpose of each inquiry that EXPERIAN INFORMATION SOLUTIONS , INC has allowed XXXX XXXX XXXX XXXX to place on my consumer report. 

My privacy is being taken violated. Permissible purpose is not to be assumed but must be lawfully proven. 
As well, this complaint is not about the type of inquiries but rather that the inquiries were allowed, at all. Its an invasion of my privacy. 
Within 10 days of the receipt of this complaint and request of information through the CFPB PORTAL I am requesting that EXPERIAN INFORMATION SOLUTIONS, INC provide to me that it has certified permissible purpose for each inquiry that EXPERIAN INFORMATION SOLUTIONS , INC has on record to prove that EXPERIAN INFORMATION SOLUTIONS is in full compliance, and not just a few facets that undermine the consumers understanding, of the FAIR CREDIT REPORTING ACT and the CALIFORNIA CONSUMER REPORTING AGENCIES ACT. 
Any attempt to deflect to any other information by not sending me exactly what I am requesting by the amount of days that I request this information will be viewed as an unlawful refusal and an undermining of my state and federal laws that will result in my taking lawful action in the form of litigation or arbitration against EXPERIAN INFORMATION SOLUTIONS , INC.

EXPERIAN INFORMATION SOLUTIONS , INC must have the following on file from XXXX XXXX XXXX XXXX before allowing an inquiry on my consumer report : XXXX XXXX XXXX XXXX must have submitted undeniable evidence to EXPERIAN INFORMATION SOLUTIONS , INC. that certifies a permissible purpose for accessing my consumer report, as required under both CALIFORNIA and federal laws. This certification should explicitly state the purpose for which XXXX XXXX XXXXXXXX XXXX is requesting access, such as evaluating my creditworthiness for a loan application, reviewing an existing account, or assessing potential risk. Note XXXX XXXX XXXX XXXX XXXX  typing the name of XXXX XXXX XXXXXXXX XXXX  XXXX XXXX XXXXXXXX XXXX XXXX does not certify a permissible purpose for each inquiry placed on my consumer report. 

EXPERIAN INFORMATION SOLUTIONS , INC must also ensure that XXXX XXXX XXXXXXXX XXXX has obtained written consent from me, as the consumer, authorizing the release of my credit information for the specific purpose mentioned in the FCRA. EXPERIAN INFORMATION SOLUTIONS , INC. should require that XXXX XXXX XXXX XXXX provide sufficient identifying information to verify the legitimacy of the each request, such as : the name of the person making the inquiry, their job title, contact details, and any relevant identification numbers associated with XXXX XXXX XXXX XXXX 
Again, this complaint an request of information is NOT requesting any information about the type of inquiries XXXX XXXX XXXX XXXX has placed nor is this a request for any type of explanation of EXPERIAN INFORMATION SOLUTIONS INC brief overview of the FAIR CREDIT REPORTING ACT nor the CALIFORNIA CONSUMER REPORTING AGENCIES ACT. Explicitly, I am only requesting, within 10 total days of the receipt of this information request and complaint, that EXPERIAN INFORMATION SOLUTIONS, INC sends me via the CFPB PORTAL and regular mail the proof of certification of permissible purpose of each inquiry that EXPERIAN INFORMATION SOLUTIONS , INC has allowed XXXX XXXX XXXX XXXX to place on my consumer report.

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