Consumer complaint received 2022-02-09
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I have reached out to XXXX sending the attached document via email and mail. XXXX has refused to remove this account that should not be reporting on my consumer report. Upstart is in violation of several laws and I am demanding deletion of this account on my consumer reports. 

The reporting of these account ( s ) is/are violations of 15 USC 1681a , The Fair Credit Reporting Act [ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; So let me explain. Under the Truth in Lending Act 15 USC 1602 ( g ), credit card is defined as the following : The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. 
This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit. Therefore this account should not be reporting on my consumer report. 

I have recently come across inform from the Federal trade Commission ( FTC ) more specifically the GrammLeachBliley Act 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) OPT OUT ( 1 ) IN GENERALA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

XXXX  did not disclose this information to me that is required by federal law.

XXXX  knowingly and willfully withheld pertinent information regarding the disclosure of my information to affiliated and unaffiliated third parties.

XXXX  knowingly and willfully withheld information that explained how I the consumer can exercise that nondisclosure option. 

I have also requested all correspondence sent via mail but XXXX continues to email me. I do not monitor email and I need every communication sent via mail to my address on file with the company.

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