Consumer complaint received 2022-11-23
Company: Experian Information Solutions Inc.
State: CA
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:
Experians mission statement : At Experian, we view ourselves as the " XXXX ' XXXX. '' It's our mission to drive financial inclusion and help facilitate access to fair and affordable credit for consumers. We're continually exploring new ways to use our data and resources to help consumers improve their financial well-being. 

new ways to use our data use our data our data Experian is in violation of the XXXX Privacy Act that prohibits the disclosure of an individual 's records without their written consent, unless the information is shared under one of 12 statutory exceptions. 

Experians daily sharing of derogatory, inaccurate, unsolicited data does not meet any of the 12 statutory exceptions and is therefore a willful violation of the law. 

What data Experian collects is governed by few laws but what data Experian shares is governed by many. 

RE : the XXXX XXXX ruling that some collected information [ by Experian ] can be withheld. 

Experian sharing and using collected data are not the same as the withholding of data. 

Experian HAS furnished behavioral data in breach of the FCRA disclosure requirements by SHARING privileged data and not WITHHOLDING it. Experian is only within the laws of the USA when they are COLLECTING data not when they are SHARING data. Experian is in violation of the laws when they share data they have collected through unfettered access to personal and private data that would not otherwise be available to access by any private business or entity in the USA. And it is not the collection of this data that breaks the laws but the sharing. Experian has won many cases under the false pretense of a lawful collection of data while unlawfully sharing data. Those cases should be overturned according to the indisputable facts outlined by the ninth districts ruling that some collected data may be withheld from the consumer, a ruling does not indemnify any sharing of that collected data nor provide clarification on what is the lawful use of the collected data other than to withhold. What data Experian lawfully collects may not always be lawfully shared if the exceptions for the use of that collected data are not covered in the 12 privacy exceptions. Experian sharing consumer behavioral data or privileged collected data outside of these 12 exceptions is a breach of privacy and the laws of the USA. Experian has misdirected the arguments in court towards lawful collection while not addressing the unlawful data sharing.

FCRA 15 U.S.C. 1681, rights to privacy. 

( XXXX ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 

( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. 

( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. 

( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 

Common consumer privacy features offered by corporations and government agencies include : opt-out provisions in user agreements for bank accounts, utilities, credit cards and similar services ; Consumer privacy, also known as customer privacy, involves the handling and protection of the sensitive personal information provided by customers in the course of everyday transactions.

The Fair Credit Reporting Act ( FCRA ) of XXXX- which protects consumer information as it pertains to their credit report, which provides insight into an individual 's financial status. 

Experians XXXX Violations relating to their activities in concert with XXXX XXXX fraud : XXXX ( relating to financial institution fraud ), XXXX ( relating to obstruction of justice ), XXXX ( relating to obstruction of criminal investigations ), XXXX ( relating to the obstruction of State or local law enforcement ), XXXX ( relating to tampering with a witness, victim, or an informant ), XXXX ( relating to retaliating against a witness, victim, or an informant ), -The Sherman Anti-Trust Act authorized the federal government to institute proceedings against trusts in order to dissolve them. 
-The Clayton Act seeks to prevent anticompetitive practices in their incipiency. 
-The Federal Trade Commission Act of XXXX was a United States federal law which established the Federal Trade Commission XXXX The Act was signed into law by US President XXXX XXXX in XXXX and outlaws unfair methods of competition and unfair acts or practices that affect commerce. 

XXXX XXXX. XXXX laws are statutes developed by governments to protect consumers from predatory business practices and ensure fair competition. Antitrust laws are applied to a wide range of questionable business activities, including market allocation, bid rigging, price fixing, and monopolies. -- -- XXXX Privacy Act Exceptions The Privacy Act of XXXX, as amended, includes XXXX exceptions under which XXXX XXXX information about an individual without their written consent. These disclosuresmay be made within and/or outside DoD. The XXXX exceptions allow disclosure : XXXX. To those officers and employees of the agency which maintains the record, whohave a need for the record in the performance of their duties. 
XXXX. When the disclosure is made under the Freedom of Information Act ( 5 U.S.C. 552 ). 
XXXX. For an established routine use routine use must be published as part of the systemof records notice ). 
XXXX. To the XXXX XXXX for the purposes of planning or carrying out a census or survey. 
XXXX. To someone who has adequately notified the agency in advance that the record is tobe used for statistical research or reporting and the record is transferred withoutindividually identifying data. 
XXXX. To the XXXX XXXX and XXXX XXXX as a record of historical value. 
XXXX. To another agency or to an instrumentality of any governmental jurisdiction, withinor under the control of the United States for a civil or criminal law enforcementactivity, if the activity is authorized by law, and if the head of the agency orinstrumentality has made a written request to the agency which maintains the recordspecifying the particular portion desired and the law enforcement activity for which the record is sought. 
XXXX. To a person under compelling circumstances affecting someone's health or safety, and the person whose health or safety is affected is sent a notification of thedisclosure. 
XXXX. To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress orsubcommittee of any such joint committee. 
XXXX. To the XXXX XXXX in the course of the duties of the XXXX XXXX. 
XXXX. Pursuant to the order of a court of competent jurisdiction. 
XXXX. To a consumer reporting agency in accordance with section 31 U.S.C. 3711 ( f ) The Bank Secrecy Act, adopted in 1970, is the basis of numerous compliance practices for banks, including know your customer ( KYC ) and due diligence processes. The BSA requires banks to help federal authorities detect and prevent money laundering and other financial crimes, which can indicate other criminal activity. 

When the consumer is not involved in any crimes and the banks, the credit reporting agencies, and the financial institutions willingly or otherwise hand over that non-criminal data to a 3rd party they are unlawfully spying on private consumers in violation of Antitrust laws and the 4th amendment, when collected data goes directly to the US government under the Bank Secrecy Act that is not intended as a tool to investigate, and prosecute a financial crime, banks are spying on customers and consumers for financial or political gain in violation of XXXX XXXX statutes and Antitrust laws. 

To convict a defendant under XXXX, the government must prove that the defendant engaged in XXXX or more instances of racketeering activity and that the defendant directly invested in, maintained an interest in, or participated in a criminal enterprise affecting interstate or foreign commerce. 
XXXX SECTION VIOLATIONS COMMITTED BY XXXX XXXX IN CONCERT WITH THE XXXX of PR which Experian reports as " legitimate '' activity : XXXX ( relating to fraud and related activity in connection with identification documents ), XXXX ( relating to fraud and related activity in connection with access devices ), XXXX ( relating to mail fraud ), XXXX ( relating to wire fraud ), XXXX ( relating to financial institution fraud ), XXXX ( relating to obstruction of justice ), XXXX ( relating to obstruction of criminal investigations ), XXXX ( relating to the obstruction of State or local law enforcement ), XXXX ( relating to tampering with a witness, victim, or an informant ), XXXX ( relating to retaliating against a witness, victim, or an informant ), XXXX ( relating to unlawful welfare fund payments ), XXXX ( relating to the laundering of monetary instruments ), XXXX ( relating to engaging in monetary transactions in property derived from specified unlawful activity ), XXXX ( relating to illegal money transmitters ), XXXX and XXXX ( relating to interstate transportation of stolen property ), XXXX ( relating to criminal infringement of a copyright ), XXXX ( relating to trafficking in goods or services bearing counterfeit marks ), ( D ) any offense involving fraud connected with a case under title 11 ( except a case under section 157 of this title ), fraud in the sale of securities, punishable under any law of the United States, ( E ) any act which is indictable under the Currency and Foreign Transactions Reporting Act

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