Consumer complaint received 2023-08-31
Company: Experian Information Solutions Inc.
State: NJ
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:
Under the provisions of the Fair Credit Reporting Act, 15 USC 1681 section 602 subsection ( a ) stipulates the imperative to ensure that consumer reporting agencies discharge their significant responsibilities with equity, neutrality, and due regard for the privacy rights of consumers. XXXX and Experian stand as consumer reporting agencies, and I hold the status of the Consumer. I possess the prerogative to safeguard my private information, which is fortified by 15 USC 6801. This provision underscores that Congress 's policy mandates every financial institution to consistently and proactively uphold the privacy of its patrons while safeguarding the security and confidentiality of their nonpublic personal data. A financial institution that furnishes information to credit agencies precisely fits this definition. 
Per 15 USC 1681 section 604 subsection ( a ) section 2, a consumer reporting agency is allowed to furnish a consumer report only under specific circumstances, primarily guided by the written instructions received from the associated consumer. In this context, the financial institution that provides information to credit agencies and the consumer reporting agencies, XXXX and Experian, lack my authorization to disseminate this information, and certainly, they do not possess my documented consent. Any and all previously given consent to XXXX, Experian, and the financial institution providing credit information, whether oral, non-verbal, written, implied, or any other form, is hereby revoked. 
The stipulations of 15 USC 6802 subsections ( b ) and ( c ) set out that a financial institution is restricted from disclosing nonpublic personal information to external parties unless the consumer is apprised of the means to enact the option of non-disclosure. However, the financial institution responsible for furnishing information to credit agencies failed to notify me of my entitlement to exercise this nondisclosure option. Adding to this, 15 USC 1681C ( a ) ( 5 ) declares that, except as authorized under subsection ( b ), no consumer reporting agency shall include certain specific items of information in a consumer report, including any adverse item that predates the report by more than seven years. The information being reported in relation to this account qualifies as an adverse item, and its inclusion without my consent is in violation of the law.

Citing 15 U.S. Code 1681s2 ( a ) ( 1 ) A, it is prohibited to furnish information concerning a consumer to any consumer reporting agency if there is knowledge or reasonable belief that the information is inaccurate. Additionally, 15 U.S. Code 1681e mandates that every consumer reporting agency maintain sensible procedures designed to prevent breaches of section 1681c and to restrict the furnishing of consumer reports solely to purposes enumerated in section 1681b. Regrettably, XXXX and Experian are not adhering to reasonable procedures. 
In parallel, the regulations outlined in 12 CFR 1016.7 affirm that a consumer has the absolute right to opt out at any given time. In accordance with this, I am choosing to opt out of your reporting services. 


ACCOUNTS INCLUDE : XXXX XXXX XXXX XXXX XXXX XXXX XXXX DEPT OF EDUCATIONXXXX XXXX DEPT OF EDUCATIONXXXX XXXX XXXX XXXX XXXX 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