Consumer complaint received 2023-03-22
Company: Experian Information Solutions Inc.
State: NY
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:
In accordance with the Fair Credit Reporting act. The XXXXXXXX XXXX XXXXXXXX account and consumer reporting agency Experian below has violated my federally protected consumer rights to privacy and confidentiality under the Privacy Act of 1974. I acquired my recent credit report and I asked the credit bureaus to make sure everything was complete and accurate according to 12 CFR 1022.41-3 and 16 CFR 313.7 Form of opt out notice to consumers. 31 CFR 903.5 - Discharge of indebtedness ; reporting requirements.-When an agency discharges a debt in full or in part, further collection action is prohibited. According to the FCRA 1.4.3 Cancellation of Debt and Taxes and 26 CFR 1.6050P-1 - Information reporting for discharges of indebtedness by certain entities In some cases, consumers may be able to negotiate to reduce or eliminate an outstanding debt. Creditors and debt buyers that cancel or forgive a debt ( or portion of a debt ) worth at least {$600.00} must file an information Form 1099-C with the Internal Revenue Service by XX/XX/XXXX of the following year, and must also send a copy to the consumer. The principal of a cancelled or forgiven debt is generally considered taxable income to the consumer., although there are several important exceptions, including when the consumer disputes the debt Per 15 USC 1666a Regulation of credit reports, 15 USC 1666b- Timing of payments, 31 CFR 29.518 - Reporting delinquent debts to credit bureaus, 26 U.S. Code 6050P - Returns relating to the cancellation of indebtedness by certain entities. Per the FCRA CHAPTER 8 PRIVACY SAYS and 15 U.S. Code 1681a - Definitions ; rules of construction 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report The term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report. Ally financial and Experian are not reporting the correct and accurate information to my credit file correctly and there are serious discrepancies with which my account is being reported. I waited 30 days or more since then and received my investigation and noticed everything was still the same the consumer reporting agencies. Experian did not modify or remove anything. I have the right to privacy per the privacy act of 1974. The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals from the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. I Have the right to opt-out of any and all reporting to my report. I was never given a opt-out notice that was clear and conspicuous from Experian nor XXXX XXXX  under 16 CFR 313.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 16 CFR 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 ; Experian and XXXXXXXX XXXX have this opt-out option in their available. It also states that they will not share my information with nonaffiliates or affiliates in their contracts. This is my information that they are sharing without my being given the opportunity to opt-out which is with in my right as a consumer. Experian as well is taking advantage of me in the same way. Since This charge off is adversely affecting my credit by being reported under the VIOLATION of my rights. XXXX XXXX  is reporting incorrect across all 4 credit reporting agencies Experian, XXXX, XXXX, XXXX XXXX, and XXXX15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. The date open is not correct, the date last active is not correct, date of last payment is not correct on all 3 reports. 15 U.S. Code 1681e - Compliance procedures- to have maximum accuracy when reporting to a consumers report. All the reporting agencies are reporting inaccurate dates and amounts on my consumer reports. Some reports have more transactions reporting than others. That wrong as well as the reporting agencies are reporting CO charge off every month which is inaccurate that is re-aging the debt making it seem newer than it is. All late payments must be updates to paid. You can not charge off a debt every month or report late payments by this law that is very inaccurate and Experian is re-aging the debt to make it seem as if it happened this month when the certificate of indebtedness occurred XX/XX/XXXX which now means it is income and can no longer report on my credit report without the account status being updated to paid as agreed and all payments and balances be updated to zero under the law. DELETE THIS ACCOUNT IMMDEIATELY AND INDEFINITELY It is not reporting correctly as the law says in maximum accuracy per 15 USC 1681c-2 subsection ( b ) Accuracy of report-Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Which is a violation. This is impacting me from buying a house for my family. I am a single mother being Violated and disregarded and the laws are being disregarded as well. Someone needs to be held accountable for this. This is very frustrating for me Experian is not doing their job according to the law. The law clearly states that it is illegal under 15 U.S. Code 1681 to report transactions every month ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not includeunder subsection A section 1681s-3 of this title says the Experian can not report containing information solely as to transactions or experiences between the consumer and the person making the report ; Which mean Experian is not allowed to report my transactions from any financial institution without my permission. It is not to be reported on. Transactional history is not to be reported. The C/O that is being reported every month is illegal because you can only charge off an account within the first 6 months according to the FCRA AND 26 CFR 1.6050P-1 - Information reporting for discharges of indebtedness by certain entities because it is a certificate of indebtedness. Once it is charged off or close out is now A certificate if indebtedness which is income. Once the debt becomes Income can NOT be reported to my credit report which Experian has failed to make sure that this account is reporting correctly. All the months need to be updated to paid as agreed and all balances updated to Zero. ALL LATE payments AND C/O REPORTINGS ARE TO BE UPDATED IMMEDIATELY TO POSTIVE ON TIME PAYMENTS AND ACCOUNT STATUS UPDATED TO PAID IN FULL THE AMMOUNT UPDATED TO ZERO. DELETE THIS ACCOUNT IMMDEIATELY AND INDEFINITELY I attached my previous credit report to show how Experian violated my rights. And I attached all terms and condition, privacy notices that says my information will not be shared with any non-affiliates or affiliates I am a customer/consumer whose non personal information is being shared. Experian has violated me and abused the law by sharing and receiving my personal information without my consent. Per the law 15 USC 6801-6805. 15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy It is the policy of the 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 customersnonpublic personal information. ( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards 15 U.S. Code 1681c2 - Block of information resulting from identity theft due to the nature of this company violation my privacy rights they have 4 days to update this information with all reporting agencies involved with my consumer report being reported inaccurately indefinitely ( a ) Block Except as otherwise provided in this section, a agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency ( b ) Accuracy of report-Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or I DEMAND THAT EXPERIAN DELETE THIS ACCOUNT IMMDEIATELY AND INDEFINITELY HAVE 4 DAYS TO UPDATE MY ACCOUNT STATUS TO ALL MONTHS POSITIVE PAID, PAID AS AGREED ACCOUNT STATUS AND ZERO BALANCE INDEFINITELY.

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