Consumer complaint received 2023-11-09
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:
XXXX XXXX XXXX All Rights Reserved Without Prejudice UCC1-308 C/O XXXX XXXX XXXX XXXX 
XXXX, TX Re : Experian XXXX XXXX XXXX XXXX, TX XXXX XX/XX/2023 Re : Social Security Number : XXXX To Whom It May Concern : I have recently been informed that there is negative information being reported on my consumer report without disclosure options extended from these companies to me, the consumer, nor does Experian have my written consent to be reporting the transactional, experiences, or any history, etc. listed by these companies listed below on my consumer report : 1. XXXX XXXX Account # XXXX XXXX. XXXX XXXX Account # XXXX XXXX. XXXX XXXX XXXX Account # XXXX XXXX. XXXX XXXX XXXX Account # XXXX XXXX XXXX XXXXXXXX Account # XXXX XXXXXXXX XXXX  XXXX Account # XXXX My Fair Credit Reporting Act and Consumer Rights have been violated.

The 6 accounts listed above have violated my FEDERAL given CONSUMER RIGHTS to PRIVACY amongst other things.

All 6 of these negative items are listed in the file that you ( Experian ) maintain under my social security number.

Upon reviewing a copy of my credit report with your agency, I challenge the accuracy, compliance and reportability of these 6 listings.

All 6 companies listed have violated FEDERAL LAW - 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. 
Experian has aided this company in this violation of this Federal Law - 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information.

Simply put, this consumer law states the following : A Financial Institution MAY NOT, directly, or indirectly, disclose to a NON-AFFILIATED THIRD PARTY any NONPUBLIC PERSONAL INFORMATION unless such Financial Institution gives the following disclosures : 1 ) First disclosure is the Financial Institution letting a consumer know they will disclose information to the non-affiliated third party.

2 ) Second disclosure is the Financial Institution gives the consumer the opportunity before any information is initially disclosed to direct that the information may not be disclosed to such third party.

3 ) Third disclosure is the Financial Institution giving the consumer an explanation so that the consumer can exercise the NONDISCLOSURE OPTION!

Experian is a non-affiliated third party!!! I am sure that your Consumer Reporting Agency does not have any disclosures from me saying that I have given Experian permission to report any alleged transactional history on my consumer report. 

I, XXXX XXXX XXXX, as the consumer, was not provided with any disclosures at all from any of these 6 companies, yet Experian has allowed these 6 companies access to my consumer report to state what they wish. 

I know that I have a right to privacy when it comes to my NON-PUBLIC PERSONAL INFORMATION. I also have the right to NOT DISCLOSE any of my NON-PUBLIC personal information. This means that if the Original Lender and/or Debt Collector furnishes anything on my consumer report to a nonaffiliated third party without my written consent, they are in clear violation of the Financial Privacy Act.

These 6 companies listed DO NOT have any written consent listed on their files for me saying that anyone can send any type of history to a third party. None of these 6 companies can provide you with my LAWFUL WET SIGNATURE proving that they have my written consent to disclose any transactional history or anything else, yet Experian has allowed these 6 companies access to my consumer report WITHOUT my written consent!!!!

This fact makes Experian also in violation of The FCRA is 15 U.S. Code 1681 and all its Chapters and Subchapters.

15 U.S. Code 1681b - Permissible purposes of consumer reports : ( a ) IN GENERAL Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

Breakdown for your understanding : The consumer reporting agencies MAY only report anything to my consumer report if I have given them WRITTEN INSTRUCTIONS.

I am the consumer to whom this FEDERAL LAW relates! Experian has aided these companies in this violation of this Federal Law listed below also : 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) IN GENERAL Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; BREAKDOWN for your understanding : This law clearly states that I am entitled to ACTUAL DAMAGES as a result of the failure or {$1000.00}, whichever is greater, if someones obtains my consumer report without PERMISSABLE PURPOSE!

Experian has aided this company in this violation of this Federal Law listed below also : 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

Breakdown for your understanding : 1 ) The banks depend on accurate reporting. Inaccurate reporting affecting the banking systems efficiency. Unfair credit reporting affects your confidence in the banking system.

2 ) My credit worthiness, credit standing, credit capacity, character and reputation are dependent on Experian reporting system.

3 ) The consumer reporting agencies have a major responsibility in reporting accounts to my consumer reports 4 ) I have the right to privacy! And Experian has the responsibility to respect my privacy with Fairness and Impartiality.

I know thats a lot of information, but I hope that this breakdown helps you understand my consumer rights and how this ties together.

Experian has aided this company in this violation of this Federal Law listed below also : 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) EXCLUSIONS. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report.

Breakdown for your understanding : 1. The term consumer report is what most people call a credit report.

2. The person making the report is the company who reported the charge off or collection to my consumer report.

3. I AM the consumer.

4. Transactions are all forms of transactional history!

That means on time payments, late payments missed payments, partial payments, delinquent payments, wages, salary, etc. are all forms of TRANSACTIONS!

5. Utilization is an EXPERIENCE created by credit card usage. If I dont use a credit card ( s ), I wont create an experience. However, when I use my credit card ( s ), I, the consumer am creating shopping experiences, reward and/or point experiences etc. Utilization is an Experience due to it being created when I use my credit card ( s ).

TRANSACTIONS & EXPERIENCES reporting on my consumer report is ILLEGAL due to it being a violation of this law, which was given to us by Congress.

Keep this in mind, any violation of my consumer rights is a violation of Federal laws, and any violation of Federal laws is ILLEGAL!

Experian has aided these companies in this violation of this Federal Law listed below also : 15 U.S. Code 1681e - Compliance procedures ( b ) ACCURACY OF REPORT Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

Breakdown for your understanding : The consumer reporting agencies must follow certain procedures when reporting anything to my consumer report that will produce Maximum Possible Accuracy!

How are these accounts on my consumer report reporting to maximum accuracy if I did not receive any disclosure options, give them Permissible Purpose or give Experian my written consent to report the transaction, Utilizations, or history?

I want you to understand this. Permissible Purpose equals Written Instructions. Permissible Purpose grants consent. Without Permissible Purpose, its Identity Theft! Its identity theft because Experian has allowed someone to report a collection/charge off to my consumer report, using my social security number, on my behalf, without my WRITTEN INSTRUCTIONS to do so.

Experian has aided this company in this violation of this Federal Law listed below also : 18 USC 1028A- AGGRAVATED IDENTITY THEFT 18 USC 1028A- Aggravated Identity Theft a ) OFFENSES.

( 1 ) IN GENERAL. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

( 2 ) TERRORISM OFFENSE. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

Breakdown for your understanding : Whoever knowingly transfers, possesses, or uses my information unlawfully can be sentenced to 2 years of imprisonment as well as punishment for this felonious act.

Experian has aided this company in this violation of this Federal Law listed below by not BLOCKING ACCESS to my personal information or my consumer report without my written consent.

Experian was not provided my written consent per FEDERAL LAW for permission for these 6 companies to access my consumer report.

I hereby put you on notice : I DID NOT GIVE EXPERIAN WRITTEN INSTRUCTIONS to report THESE 6 ACCOUNTS MENTIONED TO MY CONSUMER REPORT!

I do not have faith in the vital role you have in assembling my consumer report due to your willful noncompliance and negligence. You have not exercised your grave responsibility in fairness, impartiality and respecting my PRIVACY!

In Conclusion, you have been put on notice about violating my Congress given FCRA rights by allowing these accounts to report to my consumer report WITHOUT MY WRITTEN CONSENT!

Delete the accounts referenced from my consumer report IMMEDIATELY. Also, send a copy of my consumer report with the updated information.

Thank you in advance. 

Please DELETE and BLOCK these 6 companies listed on my consumer report because they all are violations of Federal Law : XXXX. XXXX XXXX Account # XXXX XXXX. XXXX XXXX Account # XXXX XXXX. XXXX XXXX XXXX Account # XXXX XXXX. XXXX XXXX XXXX Account # XXXX XXXX. XXXX XXXX Account # XXXX XXXX. XXXX XXXXXXXX Account # XXXX No transactional history should be reported on my consumer report for these 6 companies. This violation needs to be deleted. Delete these 6 accounts listed above from my consumer report, your agency is in clear violation of 15 USC 1681 and all of its subsections.

Failure to respond satisfactorily with the deletion of the above referenced accounts and failure to send a free copy of my consumer report when these accounts have been deleted will result in legal action being taken against your agency, for which I will seek {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 4. Possible Damages per Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 5. Aggravated Identity Theft per 18USC 1028 6. XXXX XXXX I hope you understand the severity of the situation.

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