Consumer complaint received 2023-06-07
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 file a complaint against XXXX, XXXX, and Experian, the three major credit reporting agencies, for multiple violations of the Fair Credit Reporting Act ( FCRA ). Additionally, I request damages for the harm caused by their inaccurate reporting, as well as the immediate blocking of information resulting from identity theft, as prescribed by relevant sections of the FCRA. 

According to the FCRA, specifically 15 USC 1681, section 602a, consumer reporting agencies, including XXXX, XXXX, and Experian, have the grave responsibility to exercise their duties with fairness, impartiality, and respect for the consumer 's right to privacy. However, these agencies have failed to meet these obligations, violating the FCRA in multiple ways. 

In accordance with 15 USC 6801, which emphasizes the importance of financial institutions respecting customer privacy, I assert my right to ensure that my private information is not shared without my consent. As defined by the FCRA, furnishers of information to credit agencies fall under the category of financial institutions. Therefore, any consent, whether verbal, non-verbal, written, implied, or otherwise, previously given to XXXX, XXXX, Experian, or any furnishers of information to credit agencies, is hereby revoked. 

As outlined in 15 USC 1681, section 604a ( 2 ), consumer reporting agencies may only furnish consumer reports with the explicit written instructions of the consumer to whom the report relates. In this case, neither the financial institution ( furnisher of information to credit agencies ) nor the consumer reporting agencies have obtained my written consent to furnish this information, thereby violating the FCRA. 

Additionally, 15 USC 6802 ( b ) ( c ) explicitly states that a financial institution can not disclose nonpublic personal information to nonaffiliated third parties unless the consumer has been informed about their right to exercise the nondisclosure option. The failure of the financial institution and the consumer reporting agencies, namely XXXX, XXXX, and Experian, to inform me of my right to exercise the nondisclosure option further solidifies their violation of the FCRA. 

Moreover, in accordance with 15 USC 1681C ( a ) ( 5 ), consumer reporting agencies are prohibited from including certain adverse items of information in consumer reports without authorization. The accounts being reported by these agencies is an adverse item that they are reporting without my permission, thus violating the FCRA. 

Under 15 U.S. Code 1681s2 ( A ) ( 1 ), a person or entity must not furnish any information to a consumer reporting agency if they know or have reasonable cause to believe that the information is inaccurate. Furthermore, 15 U.S. Code 1681e requires consumer reporting agencies to maintain reasonable procedures designed to avoid violations of the FCRA and to limit the furnishing of consumer reports to authorized purposes. Unfortunately, XXXX, XXXX, and Experian have failed to maintain reasonable procedures, disregarding their obligations under the FCRA. 

Furthermore, I would like to draw your attention to 15 U.S. Code 1681c2, which mandates that a consumer reporting agency must block the reporting of any information in the file of a consumer that the consumer identifies as information resulting from an alleged identity theft. This blocking action must be taken no later than four business days after the agency receives notification from the consumer. I hereby request that XXXX, XXXX, and Experian comply with this provision and immediately block any information in my credit file that I identify as resulting from identity theft, as it is my right to protect my personal and financial information from further misuse or harm. 

In addition to the violations mentioned, the inaccurate reporting by XXXX, XXXX, and Experian has resulted in adverse action being taken against me by lenders. I have received three adverse action letters, clearly indicating that my creditworthiness and financial opportunities have been negatively impacted due to the inaccurate information provided by these credit reporting agencies. I kindly request the Consumer Financial Protection Bureau to thoroughly investigate this matter, hold XXXX, XXXX, and Experian accountable for their violations of the FCRA, and ensure that appropriate action is taken to rectify the damages caused.

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