Consumer complaint received 2023-12-19
Company: Experian Information Solutions Inc.
State: FL
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:
To Whom It May Concern : I have recently obtained a copy of my credit report and observed that there are two accounts being reported on my consumer report which should not be present. I hereby request the immediate removal of the account in question from my consumer report. My account number as stated below is being reported as two separate accounts on the credit reporting agencies websites. 

Account : XXXX ( XXXX Website ) The reporting of these accounts are a clear violation of 15 USC 1681a, The Fair Credit Reporting Act [ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; So let me explain. Under the Truth in Lending Act 15 USC 1602 ( l ), credit card is defined as the following : The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.

This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit.

I demand these accounts be deleted from my consumer report.

Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I, the consumer, may have given you, written, unwritten, verbal and nonverbal per 15 USC 6802.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) OPT OUT ( 1 ) IN GENERALA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

There is a clear violation of the law. I have never given the opportunity to exercise my rights under the provisions of this law.

Furthermore, 16 CFR 313.7 clearly states that you are required to provide clear and conspicuous opt out notice.

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 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.

( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

( g ) Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

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 ; My transactions and experiences with your company are excluded from the consumer report.

You have no right to furnish my transactions and experiences when the law clearly states that this information is excluded from my consumer reports.

The only way a creditor can treat a payment as late falls under 15 U.S. Code 1666b - Timing of payments ( a ) Time to Make Payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

In order for any creditor to treat a payment as late you must prove that : 1 ) The information required under 15 USC 1637 ( b ) of this title was mailed out or delivered 21 Days before the payment due date please provide the proof that this information was mailed out or delivered 21 days before the payment due date.

2 ) 15 USC 1637 ( b ) is very specific on all required information needed or that must be mailed or delivered to the consumer! You have 10 days to send me all the required information.

A creditor can not treat a payment as late without complying with this section of the law! I request in good faith under rule 1002 the documents that shows proof that the information pursuant section 15 USC 1666b and 1637 ( b ) of this title was mailed out or delivered 21 days before the payment due date.

Additionally, You have violated the Family Educational Rights and Privacy Act 1974 It prohibits educational institutions from disclosing personally identifiable information in education records without the written consent of an eligible student, or if the student is a minor, the students parents ( 20 U.S.C.S. 1232g ( b ) ).

You have failed to comply with all the laws mentioned above. I have never given the opportunity to exercise my rights under the provisions of these law. Not only I am opting out from all or any authorization I, the consumer, may have given you, whether it was written, unwritten, verbal and nonverbal, I am also requesting that you cease and desist immediately all illegal activities.

Finally, you required to contact the consumer reporting agencies to update my consumer credit profile accordingly specially for the late payments you have reported or any other transactions history or experiences I have with your institution, please have them fix these violations.

Best regards,

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