Consumer complaint received 2023-09-05
Company: Experian Information Solutions Inc.
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
XXXX XXXX XXXX have violated my privacy per the Privacy Act of 1974 They have reported false information to the credit monitoring agencies regarding an alleged debt from XXXX. XXXX did not inform me that they would be sharing my personal information to a non-affiliated third party. This is a violation of my privacy per the Privacy Act of 1974. My nonpersonal information is being sold and shared without permission. XXXX has violated my privacy by sharing my information with a third party non-affiliate. I've never received proof of debt, I never received the information to opt out of reporting per 16 CFR 313 and per USC 1681S-2 debt collectors can not report before the ORIGINAL creditor. I received an email from Experian notifying me of an update to my credit report. I have no consumer agreement or any contract with XXXX XXXX XXXX that would give them the right to report any adverse information to my credit report. Per XXXX XXXX XXXX and XXXX XXXX have violated several Federal Codes including but not limited to : 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 12 CFR 1026.21 - Treatment of credit balances 1026.21 Treatment of credit balances. When a credit balance in excess of {$1.00} is created in connection with a transaction ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of a consumer ), the creditor shall : ( a ) Credit the amount of the credit balance to the consumer 's account ; ( b ) Refund any part of the remaining credit balance, upon the written request of the consumer; and ( c ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than 6 months, except that no further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. 15 U.S. Code 1692c - Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. Privacy Act of 1974. 

I have an open fraud case with XXXX XXXX for identity theft further violating my privacy.

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