Consumer complaint received 2022-12-07
Company: Experian Information Solutions Inc.
State: CA
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:
Violations occurred on or about XX/XX/XXXX when student loans were first acquired, and remained ongoing to present : FIRST VIOLATION My personal information is being improperly and illegally being collected, shared and reported in VIOLATION of my rights as a federally protected consumer under the Privacy Act of 1974 which is a federal law that governs the collection and use of records federal agencies maintain on me in a system of records. This system of records is any grouping of information about me under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act of 1974, Federal agencies may not disclose information without my consent unless certain exceptions apply to the disclosure. The CRAs have not met the definitions of those " certain exceptions ''. Additionally, I have never provided written consent for my personal information to be disclosed to any credit report agencies, 3rd party, affiliates, and non-affiliates.

SECOND VIOLATION According to The No Disclosure without Consent Rule, No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ) THIRD VIOLATION Reporting of these student loan accounts on my credit report is also a violation of The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FOURTH VIOLATION Additionally, under 16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. [ 40 FR 53506, Nov. 18, 1975 ; 40 FR 58131, Dec. 15, 1975 ] Thus, I was violated by the U.S. Department of Education, its student loan servicers, AND, the CRAs ( Experian, XXXX, & XXXX ). I have written numerous letters to Experian, XXXX, & XXXX making the entreaties for removal and blocking of this information and also made complaints through the CFPB for similar requests however the CRAs have failed to abide by the law and removed and blocked this information even though they are in violation of primarily the Privacy Act of 1974 and FERPA.

FIFTH VIOLATION Some student loan accounts are also being reported as " late ''. This is a violation of 15 USC 1681a ( d ) Consumer Report.

( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.which states that ( 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. Thus by reporting the transaction history of the student loan accounts it violates the exclusion provided under the law thus violating my federally protected consumer rights.

Thus, all student loan information should be blocked from my credit report. 
The student loan accounts in violation of the law are attached as " Supporting Documentation '' obtained from XXXX XXXX, a data furnisher, AND listed below : ACCOUNT NAME : XXXX/DEPT OF ED ACCOUNT # XXXX ACCOUNT NAME : XXXX XXXX  ACCOUNT # XXXX ACCOUNT XXXX : DEPT OF ED/XXXX  ACCOUNT # XXXX ACCOUNT NAME : XXXX  ACCOUNT # XXXX ACCOUNT NAME : XXXX XXXX XXXX ACCOUNT # XXXX

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