Consumer complaint received 2023-10-29
Company: Experian Information Solutions Inc.
State: MD
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:
Formal Complaint Highlighting Experian 's Willful Noncompliance with the Fair Credit Reporting Act To Whom It May Concern, I am writing to file another formal complaint against Experian, emphasizing their willful noncompliance with the Fair Credit Reporting Act ( FCRA ) and related regulations. My concerns echo previous complaints to credit reporting agencies, such as Experian, where noncompliance issues were not adequately addressed. Specifically, my complaint revolves around the reporting of unauthorized transaction history on my consumer credit report, which I firmly believe constitutes violations of the FCRA.

**1. Lack of Explicit Acknowledgment of FCRA Violations : ** My initial complaint cited specific provisions of the FCRA, particularly 15 U.S.C. 1681b ( 2 ), which explicitly requires written consent from consumers before any information is included in a consumer report. It is glaringly evident that transactions were added to my report without my explicit written consent, representing a direct violation of this FCRA provision. **Experian 's response does not explicitly acknowledge this violation**, leaving a substantial concern unaddressed.

**2. Failure to Address the Severity of Violations : ** Furthermore, P.L 90-321 ( 82 Stat. 146 ) imposes strict regulations, allowing agencies to access a consumer 's report only in response to specific requests. **Experian 's response does not provide any clarification on how this requirement has been met or addressed, indicating a lack of commitment to address this concern. ** **3. Inadequate Response to Identity Theft Concerns : ** The inclusion of certain reported items does not align with these permissible purposes. Additionally, as per 12 CFR 1022.3, the inclusion of information in a consumer 's report without their written consent may be considered identity theft, thus underlining the gravity of these violations. **Experian 's response fails to provide any substantial evidence or action taken to address this identity theft concern. ** **4. Absence of an Adequate Reinvestigation Plan : ** While I acknowledge Experian 's response, I assert that the issues raised in my initial complaint have not been adequately resolved. Experian 's response primarily explained their standard dispute procedures but did not directly address the legal references and allegations I raised. This further underscores their willful noncompliance with the FCRA.

**5. Discrepancies in Opt-Out Compliance : ** Moreover, my concerns extend beyond FCRA violations as financial institutions are mandated by 12 CFR 1016.7 to provide a clear and conspicuous opt-out notice to consumers, explaining their right to opt out of disclosing nonpublic personal information to nonaffiliated third parties. It is crucial to highlight that requiring consumers to write their own letter as the sole means of opting out is considered unreasonable. **Experian 's response does not confirm that they are in full compliance with these opt-out requirements. ** **In conclusion, the evidence from Experian 's response indicates that they have not adequately addressed the concerns raised in my initial complaint, further emphasizing their willful noncompliance with the FCRA . ** Failure to address these willful violations adequately compels me to seek further legal recourse and the escalation of this matter to higher authorities. It is my expectation that Experian promptly rectifies their willful noncompliance, including conducting a thorough reinvestigation and immediate removal of unauthorized items from my credit 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