Consumer complaint received 2023-12-13
Company: Experian Information Solutions Inc.
State: PA
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:
Over the past couple months I have been researching my consumer reports. XXXX EXPERIAN XXXX has been reporting my consumer report with inaccuracies. Which has caused non extensions of credit to me the consumer. Revised XXXX The Fair Credit Reporting Act 15 USC 1681 section 602 A states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX XXXX XXXX EXPERIAN are considered consumer reporting agencies. Per that same act in the definition terms Iam considered the consumer. As the consumer I have the right to make sure my private information is not being shared. Backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 



15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institutions and the consumer reporting agencies XXXX XXXX & EXPERIAN do not have my consent to furnish this information and they surely do not have my written consent. Therefore they have chosen to do so on there own. Any consent ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked by me [ XXXX XXXX ]. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX XXXX AND EXPERIAN are not maintaining reasonable procedures. THEY HAVE CAUSED ME GRAVE STRESS FINANCIAL HARDHSIPS DUE TO THE INACCURACIES OF THE REPORTS. BELOW ARE A MIXTURE OF SOME EXAMPLES FROM PAST CFPB COMPLAINTS ( FOUND ON THE CFPB WEBSITE ) AGAINST XXXX XXXX AND EXPERIAN. ALSO, LAWS THAT WERE VIOLATED PROTECTS THE CONSUMER FROM UNFAIR PRACTICES. 



CFPB COMPLAINT : 602. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( 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 insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. 603. Definitions ; rules of construction [ 15 U.S.C. 1681a ] ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this title. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( 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, 2 603 - 15 U.S.C. 1681a 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 604 [ 1681b ]. ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 624, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 615 [ 1681m ] ; or ( D ) a communication described in subsection ( o ) or ( x ) .1 ( 3 ) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in section 1 Should be read as ( o ) or ( y ) because section 603 ( x ) was re-designated as 603 ( y ) in 2010 by the CFPA. 603 - 15 U.S.C. 1681a 3 604 ( g ) ( 3 ), the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 

The term consumer means an individual. 

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 ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal 15 U.S. Code 1681b - Permissible purposes of consumer reports 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.

They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 

No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports THEY HAVE ALSO MADE IT VERY DIFFICULT FOR ME TO UPDATE MY PERSONAL INFORMATION AND PUT SECURITY FREEZES ON MY ACCOUNTS. LASTLY BECAUSE OF THIS INACCURATE REPORTING I HAVE BEEN DENIED EXTENSIONS OF CREDIT AND THE INQUIRIES LOWERED MY SCORES AS WELL. 
XX/XX/XXXXXXXX XXXX XXXX XXXXXXXX DENIED ME AN EXTENSION OF CREDIT.

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