Consumer complaint received 2023-02-02
Company: Experian Information Solutions Inc.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I sent a letter to Experian Right to privacy on the XX/XX/2023 and they have not responded here is the letter I, XXXX XXXX XXXX, am requesting the right to privacy from a certain account that you are reporting under my Consumers Report. 
Based on Consumer Law 15 U.S. Code 1681, section A, paragraph 4, Experian has to ensure that consumer reporting agencies are exercising their grave responsibility with fairness, impartiality and respect for the consumer 's right to privacy.

15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) 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.

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

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

( 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. 
I have reached out to XXXX XXXX XXXX XXXX and requesting to Opt OUT from allowing them to report my personal information and my transaction history from my Consumers Report. As in 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information, Section B, opt-out, Paragraph B and C, I should have gotten notice of my information being reported to the Consumer Reporting Agency XXXX 
I have no record of XXXX XXXX XXXX XXXX ( a financial institution ) disclosing to me, the consumer, that they will be reporting my personal information and transaction history to the XXXX XXXX XXXX I have reached out to XXXX XXXX XXXX XXXX requesting to Opt OUT from allowing them to report my personal information and my transaction history from my Consumers Report. As in 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information, Section B, opt-out, Paragraph B and C, I should have gotten notice of my information being reported to the Consumer Reporting Agency ( Experian ) Based on this law, 15 U.S. Code 6802, Section C, I, XXXX XXXX XXXX XXXX never received a disclosure with an explanation on how I, the consumer, can exercise my right for non-disclosure option, as described in 15 U.S. Code 6802. 
Therefore, I am demanding Experian to remove my transaction history and personal information from your Consumer Report, because XXXX XXXX XXXX XXXX failed to give an explanation of how I, the consumer, can exercise my right for non-disclosure option and failed to give me the opportunity, before the time that such information is initially disclosed, or allow me to direct that information not to be disclosed to such third party. 
15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may 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 6803 of this title.

( b ) Opt-out ( 1 ) In general A 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 In Conclusion I ( XXXX XXXX XXXX XXXX have shown that my PERSONAL INFORMATION IS BEING REPORTED WITHOUT MY CONSENT AND AM REQUESTING IT BE REMOVED AS SOON AS POSSIBLE The continued reporting of this information is a clear violation of the Consumer Law 15 U.S. Code 1681, section A, paragraph 4 I ( XXXX XXXX XXXX XXXX am requesting the right to privacy from a certain account that you are reporting under my ( XXXX XXXX XXXX XXXX Consumers Report. 
Based on Consumer law 15 U.S. Code 1681 section A paragraph XXXX XXXX XXXX Department has to ensure that consumer reporting agencies are exercising their grave responsibility with fairness, impartiality and respect for the consumer which is XXXX XXXX XXXX the right to privacy. 
15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) 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. 
( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

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

( 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. 
I ( XXXX XXXX XXXX XXXX has reached out to Upstart Network requesting to Opt OUT from allowing them to report his personal information and his transactional history from his Consumers Report. As in 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information Section B opt out Paragraph B and C I ( XXXX XXXX XXXX ) should have gotten notice of his information being reported to the Consumer reporting Agency. 
I ( XXXX XXXX XXXX XXXX have no record of you XXXX XXXX XXXX ( a financial institution ) disclosing to me ( XXXX XXXX XXXX ) the consumer they will be reporting my personal information and transaction history to the Consumer Reporting agency ( XXXX XXXX XXXX XXXX 
Based on this law 15 U.S. Code 6802 section C I, XXXX XXXX XXXX never got a disclosure with an explanation on how I ( XXXX XXXX XXXX ) the consumer can exercise my right for nondisclosure option my option in the order 15 U.S. Code 6802 describes So I am demanding Experian to remove my transaction history and personal information from your Consumer Report, because XXXX XXXX XXXX ( a financial institution ) failed to give an explanation of how I ( XXXX XXXX XXXX ) the consumer can exercise my right for non disclosure option and failed to give me the opportunity, before the time that such information is initially disclosed or allow me to direct that information not to be disclosed to such third party 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may 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 6803 of this title.

( b ) Opt out ( 1 ) In general A 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 In Conclusion I ( XXXX XXXX XXXX XXXX have shown that my PERSONAL INFORMATION IS BEING REPORTED WITHOUT MY CONSENT AND AM REQUESTING IT BE REMOVED AS SOON AS POSSIBLE The continued reporting of this information is a clear violation of the Law 15 U.S. Code 6802

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