Consumer complaint received 2022-08-10
Company: Experian Information Solutions Inc.
State: CO
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:
Dear CFPB, Experian Information Solutions , Inc. aka Experian continues to violate my federally protected consumer privacy rights under the Fair Credit Reporting Act. 

As a direct result of their fragrant disregard for the law and my right to privacy as a consumer, I have suffered grave personal emotional and financial hardships. I am turning to the CFPB to help resolve my dire situation, and to hold Experian accountable for all the damages they have inflicted on me and my family. 

As a consumer reporting agency Experian has assumed a vital role in assembling and evaluating consumer credit and other information on consumers such as myself. Congress has mandated that Experian exercise their responsibilities with fairness, impartiality, and respect for my right to privacy as a consumer.

According to The Fair Credit Reporting Act ; 15 U.S.C. 1681 Section 602 ( a ) - I, as the consumer have the right to privacy.

According to The Fair Credit Reporting Act ; 15 U.S.C. 1681 Section 604 ( a ) ( 2 ) - a consumer reporting agency may not furnish a consumer report without my written instructions. 

The Consumer Financial Protection Bureau has recently issued further guidance to consumer reporting agencies regarding the permissible purpose provisions of the Fair Credit Reporting Act ( FCRA ) further reiterating the need to insure that consumer reporting agencies exercise their grave responsibilities with respect for the consumers right to privacy The guidance reiterates yet again that consumer reporting agencies such as Experian may not share consumer reports unless they have reason to believe a user has a legally permissible purpose for requesting the information. The guidance makes it clear that users and furnishers of consumer reports have obligations to protect the consumers privacy and may face criminal liabilities for violating FCRAs permissible purpose provisions. 

According to the CFPBs guidance, a user 's mere request to obtain consumer information does not provide a CRA with a reason to believe the user has a permissible purpose for doing so. 

A consumer reporting agency such as Experian may not provide a consumer report under FCRA section 604 ( a ) ( 3 ) unless it has reason to believe that the user has a permissible purpose with respect to the consumer about whom the report is requested. A users request to a consumer reporting company for a report about a consumer does not give the consumer reporting company a reason to believe that the user has a permissible purpose to obtain a consumer report about other consumers.

The guidance also states that users of consumer reports are strictly prohibited from using or obtaining consumer reports without a permissible purpose, and that the CRAs and users of consumer reports, including their agents and employees, may face criminal liability for violating these requirements, such as by obtaining a consumer report under false pretenses or providing consumer information to unauthorized persons. 

I have never given my express written consent to furnish or sell any of my private non-public information to Experian nor any of the accounts listed below, nor to any of the third-party non-affiliated financial institutions who have harassed me, and continue to harass me with offers of credit, insurance and other financial instruments. I challenge Experian to provide any sort of documented proof showing otherwise. I have the right to know where and how to direct the disclosure of my nonpublic information, which Experian has, and continues to deny me. 

The list of accounts below are being furnished by Experian in direct violation of my consumer protected privacy rights as defined by the Fair Credit Reporting Act. They are being furnished without my express consent, in violation of the permissible purpose provisions outlined by the FCRA, are causing me grave personal and financial injury, and must immediately be removed from my Experian consumer report : XXXX XXXX XXXX XXXX XXXX  XXXX XXXX | XXXX | Date opened XX/XX/XXXX XXXX XXXX XXXX | XXXX Date Opened XX/XX/XXXX XXXX  XXXX | XXXX | Date opened XXXX XXXX, XXXX XXXX XXXX  | XXXX | Date Opened XX/XX/XXXX XXXX XXXX  XXXX XXXX | XXXX | Date Opened XX/XX/XXXX XXXX | XXXX | Date opened XX/XX/XXXX XXXX | XXXX | Date opened XX/XX/XXXX XXXX | XXXX | Date opened XX/XX/XXXX XXXX XXXX | XXXX | Date opened XXXX XXXX, XXXX I am submitting this letter of complaint to the CFPB in good faith in order to try to rectify this situation with Experian, and to give them the opportunity to fix all the violations appearing on my consumer report, prior to seeking counsel with a consumer rights attorney. If these issues are not resolved in a timely manner, I will be pursuing full legal recourse against Experian for maximum civil and criminal penalties resulting from their illegal actions and transgressions against my consumer protected privacy rights.

I am attaching a letter addressed to the Consumer Financial Protection Bureau which further details the consumer privacy violations Experian is perpetrating against me, as well as a recent Experian Consumer Report furnished on me in which I have highlighted the culpable accounts which Experian continues to show despite them being a violation of my privacy rights. For verification of my identity, I am also attaching with this complaint a copy of my social security card, XXXX  issued driver 's license, and a recent bank statement as proof of address.

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