Consumer complaint received 2023-02-07
Company: Experian Information Solutions Inc.
State: NV
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:
XX/XX/XXXX was the first day I made contact with Experian. I mailed a letter of dispute to Experian. I have yet to receive a response. It has now been over 30 days since my letter was mailed out. 

I have attached the Dispute letter below. I will also copy and paste it here. 



CONSUMER REPORT DISPUTE On XX/XX/XXXX, President Gerald Ford signed the Family Educational Rights and Privacy Act into Federal Law. This Law was implemented to protect the privacy of student education records. 

Experian has infringed upon my rights to privacy under 20 U.S. Code 1232g ( b ). Student loans are a part of student education records. Student education records are not to be reported or shared without a parent written consent or a student written consent at the legal age of XXXX XXXX XXXX. Not only does Experian NOT have written consent from I, the consumer. Experian should have never furnished information from my student records. Experian has furnished information from my student record illegally, and without written consent which is also a form of identity theft. 

FERPA allows schools to disclose records, without consent to specific parties or under the following conditions : 1. ) School officials with legitimate educational interest 2. ) Other schools to which a student is transferring 3. ) Specified officials for audit or evaluation purposes ; 4. ) Appropriate parties in connection with financial aid to a student ; 5. ) Organizations conducting certain studies for or on behalf of the school ; 6. ) Accrediting organizations ; 7. ) To comply with a judicial order or lawfully issued subpoena ; 8. ) Appropriate officials in cases of health and safety emergencies ; and 9. ) State and local authorities, within a juvenile justice system, pursuant to specific State law.

For reference, this vital information can be found at this government website : https : XXXX Experian is a consumer reporting agency. Consumer reporting agencies are not included on the list of schools, government organizations, and or entities, allowed to disclose student records pursuant to 34 CFR 99.31.

Experian has no jurisdiction over the Family Education Rights and Privacy Act.

Experian must delete and block the student records reporting to my consumer report immediately. All accounts are closed and reporting a balance. 

Remove Accounts : XXXX. ) XXXX XXXX XXXX XXXX XXXX ACCOUNT XXXX XXXX BALANCE {$4200.00} ORIGINAL BALANCE {$3900.00} XXXX. ) U S DEPT OF EDXXXX ACCOUNT XXXX XXXX BALANCE {$2500.00} ORIGINAL BALANCE {$2200.00} XXXX. ) U S DEPT OF EDXXXX ACCOUNT XXXX XXXX BALANCE {$9100.00} ORIGINAL BALANCE {$7700.00} XXXX. ) U S DEPT OF EDXXXX ACCOUNT XXXX XXXX BALANCE {$1100.00} ORIGINAL BALANCE {$1000.00} Pursuant to 15 U.S. Code 6802 a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Financial institutions are required to provide an OPT OUT notice to the consumers BRFORE adding anything to a consumer report. 

Pursuant to 15 U.S. Code 6805 the regulations under the subchapter shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. 

Pursuant to 15 U.S. Code 6802 and 12 CFR 1016.7, I am exercising my right to OPT OUT of consumer reporting from the following accounts : XXXX. ) XXXX XXXX Account # XXXX XXXX. ) XXXX XXXX  Account # XXXX Under the subchapter, consumer reporting agencies and financial institutions are required to provide consumers with OPT OUT disclosures. It is unreasonable for a consumer to write his or her own letter to exercise that opt out right. Experian, XXXX  XXXX and XXXX  XXXX have failed to provide I, the consumer with an OPT OUT disclosure. Experian must comply with the opt out direction as soon as reasonably practicable. 

I am opting out of consumer reporting effective immediately, until I give my written consent stating otherwise. I have the right to OPT OUT of consumer reporting at any time Please remove the incorrect names on my consumer report : 1. ) XXXX  XXXX Please remove any account tied to this name. This name does not belong to me. I do not have other aliases. 

Please remove additional addresses. These addresses are nonmailable matter. 
XXXX. ) XXXX XXXX XXXX XXXX, XXXX  XXXX, XXXX XXXX XXXX, NV XXXX XXXX. ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NV XXXX Please remove these employers from my consumer report. I do not work here nor did ever work here : 1. ) XXXX 2. ) XXXX XXXX Please send an updated consumer report after the deletions via email. Also, please send a copy of my updated consumer report to my mailing address listed above.

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 non-monetary relief