Consumer complaint received 2023-09-04
Company: Experian Information Solutions Inc.
State: NM
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:
Name : XXXX XXXX XXXX XXXX : XXXX Address : XXXX XXXX XXXX # XXXX XXXX, FL XXXX XXXX Date : XX/XX/23 To : Experian XXXX XXXX XXXX XXXX, TX XXXX Subject : Dispute of unauthorized Credit Reporting under 15 USC 1681b ( a ) ( 2 ) Dear Sir/Madam, I am writing to dispute the accuracy and authorization of information contained in my credit report maintained by your agency, Experian. Under the provisions of the Fair Credit Reporting Act ( FCRA ), & as outlined in 15 USC 1681b ( a ) ( 2 ), any consumer reporting agency may furnish a consumer report, but only under specific circumstances, subject to subsection ( c ). This includes ONLY furnishing a consumer report in accordance with the written instructions of the consumer to whom it relates. I have reviewed my consumer report, and I have discovered accounts that were and are currently being furnished WITHOUT my written instructions, authorization, or consent, which violates my rights under this provision of the FCRA. 

The following accounts on my credit report ARE BEING furnished WITHOUT my written instructions. And I now give my written instructions to remove these accounts immediately from my consumer report : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX To my knowledge and awareness, I have not provided any written instructions, authorization or consent to have these accounts reported on my consumer report. As such, the inclusion of these accounts is a violation of my rights under the FCRA, specifically 15 USC 1681b ( a ) ( 2 ), which requires a permissible purpose for credit reporting, including written instructions from the consumer. 

I kindly request that you investigate this matter promptly & I am requesting that you take the following necessary actions : 1. Conduct a thorough investigation to obtain & provide proof that written permission exists for the inclusion of the aforementioned accounts on my credit report.

2. If you can not provide conclusive evidence of my written authorization, immediately delete the aforementioned accounts from being furnished on my credit report. 

3. If you are able to find conclusive & written consent, due to the negligence of this reporting agency, which has failed to alert me of my option to opt-out of certain disclosures, and have failed to comply with the requirements outlined in 15 USC 6802b ( 1 ) ( a ) - ( c ), I now indefinitely and permanently revoke said written consent, and now give my written instructions for this reporting agency to delete the aforementioned accounts and cease to furnish said accounts on my consumer report, effective immediately. ( Furthermore, I have not received the necessary and federally mandated notice detailing my right to prevent the disclosure of certain personal information, and how I can invoke that right. That is a direct violation of my consumer rights. ) 4. Also, provide me with written confirmation of the actions taken to resolve this dispute, including the removal of the disputed accounts from my consumer report.

5. Provide a written and clear explanation of my rights to prevent the disclosure of certain personal information.

6. Provide furnishing instructions on how I can exercise this right of non-disclosure, including the necessary forms or contact information.

7. Provide clear and fully detailed written instructions ( and the related law ) that clearly specify the types of personal information that I have the right to prevent from being disclosed, and how I can prevent that information from being disclosed moving forward. 

I do understand that the FCRA allows for a 30-day period for the investigation and resolution of such disputes. Therefore, I expect to receive a written response from your agency, and for the aforementioned accounts to be deleted within 30 days of receipt of this dispute letter, according to 15 USC 1681i ( 5 ).

Please be aware that I am also entitled to a free copy of my credit report following the resolution of this dispute. I request that you send me an updated consumer report reflecting the removal of the disputed accounts. Send it to the address on the heading of this letter. 

Failure to comply with the FCRA by not promptly investigating and correcting this matter will result in legal action on my behalf. 

I trust that you will handle this dispute with the utmost urgency and professionalism. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX 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