Consumer complaint received 2023-05-18
Company: Experian Information Solutions Inc.
State: IL
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 the third party because XXXXXXXX XXXX XXXX can not be reached but you all are facing multiple violations. 

To Whomsoever it May Concern ; This is about the Consumer credit Transaction initiated on with your financial institution executed by way of signing an Agreement ( " Document '' ). As per 15 USC 6827 ( 3 ) " The term document means any information in any form. '' The provisions of 15 USC 6801 ( a ) require financial institutions to notify consumers of their information sharing practices and provide for a right to opt out of certain sharing.

In the above-mentioned Consumer Credit transaction , without giving me the opportunity to opt-out, your institution furnished my nonpublic personal information to nonaffiliated third parties ( ie XXXX, XXXX & Experian ) XXXX 

According to 15 USC 6809 ( 4 ) ( A ). The term " nonpublic personal information '' means personally identifiable financial information 01 Provided by a consumer to a financial institution 2-Resulting from any transaction with the consumer or any service performed for the consumer ; or 3 Otherwise obtained by the financial institution. Further, pursuant to 15 USC 6809 ( 5 ) the term " nonaffiliated third party '' means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. Therefore, as per the literal interpretation, the organization named XXXX, XXXX, and Experian are nonaffiliated third parties and your institution has violated the provisions of 15 USC 6802. In case your Company admits that the organization named XXXX, XXXX, and Experian is affiliated, it has still violated the provisions of FCRA. PuUnder5 USC 1681a ( D ) ( 2 ) ( A ) ( iii ), the Consumer Report will not include any formation communicated among persons related by common ownership or affiliated by corporate control.

Further, 15, USC 1681a ( d ) ( 2 ) ( A ) ( iii ) states that if the Company wants to communicate other information among persons related by common ownership or affiliated by corporate control, it shall be clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer shall be given the opportunity to direct that such information not be communicated among such persons. Therefore, your Company has not only infringed my right to privacy but also violated multiple Federal Laws. I hereby request you to remove the below-mentioned information from my Consumer Report ; ALL XXXX XXXXXXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX, If you accept my request, I will not escalate this matter to a federal complaint. Thank you for your attention to this matter

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