Consumer complaint received 2023-12-13
Company: Experian Information Solutions Inc.
State: PA
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 Re : Non-compliance to congressional law I have mailed several letters to the consumer reporting agency Experian. The letters speaks to the violation of my rights under the FCRA, Privacy act of XXXX, As a federally protected consumer I come to understand that there are documented obligations to protect the personal nonpublic information of the consumer, of which is used to govern companies with access to such sensitive XXXX XXXX XXXX XXXX - Protection of nonpublic personal information ( a ) Privacy obligation policy : It is the policy of the XXXX XXXX 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 customers nonpublic personal information. Therefore, I 'am formally filling a complaint against Experian. 

I recently obtained a copy of my consumer report, after careful review I noticed my personal non public information has been shared without my consent. I the consumer have the right to privacy via the Privacy act on XXXX ( XXXX XXXX XXXX ) and XXXX XXXX XXXX which has been XXXX U.S.Code XXXX XXXX Obligations with respect to disclosures of personal information ( a ) Notice requirements : Except as otherwise provided in this subchapter, a financial institution XXXX NOT, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. 
( b ) ( Opt out ) In general A financial institution XXXX 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 XXXX of this title, that such information XXXX 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. 

The creditor and the consumer agency has never informed me of my non-disclosure option, ALL consumer reporting agencies Experian, XXXX and XXXX, to name a few are considered a third-party by definition. I never gave any consent, XXXX was i given the option to exercise my non-disclosure option. therefore, this is a complete violation of my rights as a federally protected consumer. Any and all consent whether it be Verbal, Non-verbal, written, implied or otherwise is REVOKED. 

In pursuant XXXX XXXX Code XXXX - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and NO OTHER : ( XXXX ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section XXXX of title XXXX or section XXXX of title XXXX. 
( XXXX ) In accordance with the written instructions of the consumer to whom it relates. 
The law is clear and precise. I will mention again, The furnisher of this information doesn't have my consent nor do they have a court ordered subpoena. 

Are you aware of XXXX XXXX XXXX XXXX - Requirements relating to information contained in consumer reports? 

( a ) INFORMATION EXCLUDED FROM CONSUMER REPORTS XXXX XXXX Code XXXX states : Except as authorized under subsection ( b ), no consumer reporting agency XXXX make any consumer report containing any of the following items of information : ( XXXX ) Any other adverse item of information, OTHER THAN records of convictions of crimes which antedates the report by more than XXXX years. The accounts mentioned are not convictions of crimes. They are in fact adverse items of information. I would also like to make mention of XXXX XXXX Code XXXX - Definitions ; rules of construction which states ( XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section XXXX of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. The law clearly states that transactions and experience is excluded from the consumer report and it also makes clear that before any information is added to my consumer report, I the consumer have to be given XXXX disclosures, of which one afford me the opportunity of exercising my non-disclosure option in addition to my consent. 

In pursuant with XXXX XXXX XXXX XXXX - Compliance procedures XXXX consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. Experian has become negligent with maintaining reasonable procedures. Consumer reports are a NO parking zone. Experian is publishing purported debt from XXXX and transaction history without my consent which is illegal. They are in violation of the new rule regulation F which took effect XX/XX/XXXX ( XXXX ) which reference debt parking. I like to also include the FTC 's case against XXXX XXXX. 

The laws are as clear as daylight regarding the civil liability and the remedy available to me for negligent noncompliance if they fail to comply with these federal laws that i have mentioned. XXXX a XXXX federally protected consumer, and I fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 

I submit this letter with the confidence of XXXX XXXX Code XXXX - Enforcement Subject to subtitle B of the Consumer Financial Protection Act of XXXX XXXX XXXX XXXX, this subchapter and the regulations prescribed there under shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows. 



( XXXX XXXX Code XXXX ) ( XXXX XXXX Code XXXX ) ( XXXX XXXX XXXX - XXXX ) ( ( XXXX XXXX XXXX ) I Demand that the listed below accounts deleted. 
XXXX # XXXX XXXX # XXXX XXXX # XXXX XXXX # XXXX ( XXXX XXXX Code XXXX ) ( XXXX XXXX Code XXXX ) ( XXXX XXXX XXXX - XXXX ) ( XXXX XXXX ) I Demand that the listed non account holding inquires below deleted. 
XXXX XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX / XX/XX/XXXX ucs/fidelity direct XXXX XX/XX/XXXX police and fire fcu/Pa XX/XX/XXXX ( XXXX XXXX Code XXXX ) ( XXXX XXXX Code XXXX XXXX ( XXXX XXXX XXXX - XXXX ) ( XXXX XXXX ) XXXX XXXX XXXX Code XXXX ) I Demand you delete transaction/experience history. 
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