Consumer complaint received 2023-04-12
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:
As per 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 
Thus there is a need for CRAs to protect the consumer 's right to privacy. 
As per 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
The term consumer means an individual. 
The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Thus, reporting Transaction history is illegal. XXXX, XXXX, and Experian continue to violate my federally protected rights under both codes mentioned above by continuing to report the transaction history of the following accounts listed under my name XXXX XXXX XXXX : Account Name : XXXX Account Name : XXXX Account Name : XXXX XXXX Account Name : XXXX XXXX XXXX Account Name : XXXX XXXX Account Name : DeptEDXXXX ( all accounts under this account name ) Account Name : XXXX XXXX, XXXX, and Experian continue to violate my rights, as to these accounts XXXX under 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) Additionally, under 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( 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.

By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. Based on the above, The following accounts remain inconsistent across all 3 credit reporting agencies : XXXX is willfully negligent in continuing to report 2 addresses that I have already listed as the result of identity theft ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX XXXX ; and XXXXXXXX XXXX XXXX  XXXX XXXX NY XXXX XXXX. As I am entitled to an accurate credit report among all XXXX credit bureaus. Thus, Experian must delete these addresses immediately. 
~As I am entitled to an accurate credit report across all 3 credit bureaus, the following accounts must be deleted as they are inaccurate : Account Name : XXXX  Account Name : XXXX XXXX XXXX/Original Creditor : XXXX XXXX XXXX Account XXXX XXXX XXXX Account Name : XXXX  Account Name : DEPT OF ED/XXXX ( all accounts under this account name ) Under the Privacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

Again they need prior written instruction of the individual to whom it relates. 
Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Either way all 3 credit bureaus have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974 Under 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' Thus, I am opting out of Experian, XXXX, and XXXX 's reporting services and revoke any and all written, verbal, implied, and/or all other forms of consent that all 3 CRAs may believe that I have given as it relates to reporting my address or any other assumed addresses all 3 CRAs may believe I have been or am associated with. I also opt out of all 3 CRAs reporting of all TRANSACTIONS or EXPERIENCES between the consumer and all data furnishers and/or persons making the report. I also opt

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