Consumer complaint received 2023-06-22
Company: Experian Information Solutions Inc.
State: AL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Credit inquiries on your report that you don't recognize

Complaint:
On XX/XX/2022 XXXX XXXX XXXX checked my credit for a car loan. 

I did not know there would be a HARD pull, my understanding was that it would be a soft pull. 


I would like to request this hard inquiry be taken off of my report. I did not give consent to share my information. And i was not informed of my ability to opt out of the hard inquiry under ***12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. *** I have the right to make sure my private information is not shared which is backed by 15 USC 6801 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. '' According to the Fair Credit Reporting Act 15 USC 1681 section 602 a 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. '' XXXX and Experian are consumer reporting agencies and I am the Consumer.

( **Furnisher of information to credit agencies** ) is a financial institution by definition ( A ) In general The term financial institution means any institution the business of which is engaging in financial activities as described in section 1843 ( k ) of title 12. 

15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( **Furnisher of information to credit agencies** ) the financial institution and the Consumer reporting agencies XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. 

Any and all consent to XXXX, Experian, ( **Furnisher of information to credit agencies** ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may 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. '' ( **Furnisher of information to credit agencies** ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' 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. '' This account is an adverse item being reported without my permission. which is against the law! I am opting out of your services and asking all hard inquiries be removed. As i did not authorize them. If so I will need you show proof of my written consent.

15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. XXXX and Experian are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. ''

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