Consumer complaint received 2023-01-02
Company: Experian Information Solutions Inc.
State: NJ
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:
CEASE & DESIST Notice is here by giving to Experian to cease & desist any further credit reporting of LATE PAYMENTS Account # XXXX Please accept this written correspondence as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to CEASE & DESIST from disclosing my non public personal information ( LATE PAYMENTS ) to non-affiliated third parties. including credit reporting agencies such as XXXX, XXXX, Experian. 

I intent to pursue litigation in accordance with the FCRA and FDCPA to seek relief and recover all monetary damages that I may be entitled to under all relevant sections of the law if you continue to share my non public personal information by reporting LATE PAYMENTS to non-affiliated third parties. 

A copy of this letter sent to you will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply LATE PAYMENTS which are considered my non public personal information still remain on my credit report witch violates federal law, which indicates that you are continuing to communicate and disclose my non public personal information to non affiliated third parties without my consent. 

According to the Fair Credit ACT 15 USC 1692A ( 2 ), the term Communication means conveying of information regarding a debt directly or indirectly to any person through any medium. 

Therefore Experian act of furnishing LATE PAYMENTS ( MY NON PUBLIC PERSONAL INFORMATION constitutes a medium of communication. 

Furthermore 15 USC 6802 ( B ) clearly states that A financial institution may not disclose non public personal information to a nonaffiliated third party and the provision of 15 USC 6901 ( A ) states that it is the policy 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. 

I have not surrendered my consumer or privacy rights by giving Experian permission to communicate and disclose LATE PAYMENTS MY NON PUBLIC PERSONAL INFORMATION WITH NONAFFILIATED THIRD PARTIES. 

In addition, according to Experian privacy policy, consumers are unable to limit the sharing of there non public personal information. 

However 15 USC 6802 ( B ) 1 B states that the consumer is giving the opportunity before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party. Currently there are no conspicuous OPT OUT options, forms, notices, or clauses in your agreement, on your website or have been directly provided to me as the consumer to prevent you from sharing LATE PAYMENTS which is considered non public personal information If you have provided these options, please provide me with the original agreement that has conspicuous information that explains your ability to share my non public personal information as well as my ability to opt out. This agreement by law, must encompass both aspects in order in order to be lawful disclosure. 

Moreover, this policy violates 15 USC 6802 ( B ) 1C which states that the consumer is giving an explanation of how the consumer can exercise that nondisclosure option. 

Therefore, Without giving me the opportunity to opt out your institution furnished nonpublic personal information to non affiliated third parties I.e XXXX, XXXX, Experian. This is blatant violation and infringement of my consumer and privacy rights but you have also violated multiple Federal LAWS as you are intentionally withholding consumer rights information from borrowers by not providing an OPT out clause or opportunity in the same agreement.

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