Consumer complaint received 2020-02-21
Company: Experian Information Solutions Inc.
State: AK
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 downloaded a copy of my credit report from Experian. I have a security freeze on my credit account for security reasons. I was shocked at how many " soft inquiries '' were listed on my report. Two companies are creditors ( as in credit card companies ) but the rest of the companies ARE NOT CREDITORS AND HAVE NO RIGHTS TO ACCESS MY ACCOUNT. 

According to XXXX A soft credit inquiry gives the same information that a hard credit inquiry does, including your payment and credit history, debt management, any derogatory marks you may have and your credit score. 

Experian calls them soft inquiries as opposed to hard inquiries and uses that designation as their excuse to release my credit history to anyone that requests it. My wife and I receive no protection from having a security freeze since Experian is ignoring our security freeze and issuing credit reports in spite of the freeze. Experian states soft inquiries are not disputable. Experian also states that Soft inquiries are usually initiated by others, like companies making promotional offers of credit or your lender conducting periodic reviews of your existing credit accounts. 

The Consumer Financial Protection Bureau states on their web site A security freeze prevents prospective creditors from accessing your credit file. Creditors typically won't offer you credit if they can't access your credit reporting file, so a security freeze, also called a credit freeze, prevents you or others from opening accounts in your name. Security freezes can be useful in preventing an identity thief from opening a new credit account in your name. 
Only a limited number of entities can see your file while a freeze is in place, including : Creditors of accounts you currently hold Certain government entities like child support agencies Companies that you've hired to monitor your credit file Under these guidelines only 2 companies would have legal access to my files. We have credit cards from 2 different financial institutions so I have 2 creditors entitled to look at my credit history. We have no government entities accessing our credit reports and we have not hired any firm to monitor our credit file. The two credit card companies legally entitled to access my account are among the numerous soft inquiries on my most recent credit report. 
None of the other soft inquiries are creditors for my wife and me or fit into the other 2 listed categories, which means, by the federal guidelines they are prospective creditors and should not be allowed access to our credit history.

Under Federal law I would assume companies making promotional offers of credit are exactly the same thing that the CFPB refers to as prospective creditors and prospective creditors are not supposed to be able to access my credit reports. Experian is essentially admitting they are not honoring the credit freeze on our accounts by calling their release of our personal information soft inquiries. It appears to me they are using soft inquiries as a means to circumvent our credit freeze and putting our credit history at risk of identity theft. 

Fair Credit Reporting Act states You have a right to place a security freeze on your credit report, which will prohibit a consumer reporting agency from releasing information in your credit report without your express authorization. Experian has never requested authorization to release my credit files. 
I have tried to contact Experian by telephone but talking to a live person is apparently not an option. I tried 3 different telephone numbers and got only a robotic voice at each one. Experian has succeeded in forcing consumers to deal with a robotic voice. I was never able to reach a live person. Nor does Experian provide an email address for contact. Experian should not be able to hide from the general public so easily. I chose not to write a letter to Experian because there is no guarantee that Experian will respond or how long they will take to respond. Since my credit information is apparently being illegally placed at risk to anyone willing to pay the fee I chose to file a complaint and try to stop Experian from subjecting my credit information to further risk of identity theft.

Undoubtedly my wife 's credit file is being subjected to the same illegal activity by Experian and XXXX  and XXXX XXXX but I want to see how this complaint works before I deal with the rest of this. 

Based on the information posted on the CFPB web page Experian is violating the law and I ask that the CFPB stop them. In today 's world of rampant identity theft and other scams that bilk seniors out of hundreds of thousands of dollars, a rogue credit bureau needs to be made to follow the law or the Fair Credit Reporting Act is little more than a farce.

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