Consumer complaint received 2022-11-21
Company: Experian Information Solutions Inc.
State: CO
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:
Do Not Mark this as a Duplicate complaint as my FULL complaint is never addressed by XXXX, Experian or XXXX XXXX XXXX. So much so to the point that I can already predict their response to my complaints being that they have somehow verified the information belongs to me with an explanation irrelevant to my complaint and they refuse to delete it. I have submitted several complaints against XXXX and Experian to notify them of errors in my consumer report. I also submitted 2 complaints against XXXX XXXX XXXX on XX/XX/XXXX and XX/XX/XXXX and in response to my complaints against XXXX XXXX XXXX they said " XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX Iowa XXXX, IA XXXX Re : Complaint of XXXX XXXX Case Number : XXXX, XXXX Internal Reference : XXXX In response to your letters dated XX/XX/XXXX and XX/XX/XXXX, we provide the following information. To ensure there is no confusion, XXXX XXXX is not our client, he is the consumer '' so According to XXXX XXXX XXXX and the law I am the Consumer. According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " 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. '' XXXX and Experian are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that 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. '' XXXX XXXX XXXX is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' XXXX XXXX XXXX the financial institution and the Consumer reporting agencies XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, Experian, XXXX XXXX Apartments, or XXXX XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. They claim under section 33 of my lease agreement with XXXX XXXX Apartments they MAY report to consumer agencies and this is still with my consent and does not trump my right to privacy so as the consumer I say any authority granted to report under section 33 of the lease agreement is revoked as is my right by law. This clause in the lease does not override my right to privacy. And under 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' To be more specific person means '' The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity '' This includes XXXX XXXX XXXX, XXXX and Experian all of which I have made many complaints against explaining why the information should not be reported which they ignore. On top of these clear and egregious violations XXXX another consumer reporting agency already deleted the fraudulent account at my instructions. 15 U.S. Code 1681e states '' 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. 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. '' XXXX and Experian are not maintaining reasonable procedures as my report is not consistent across the reporting agencies. If XXXX could not verify that it was lawfully added to my report my question is how could XXXX or Experian. Also 16 CFR 313.7 ( f ) under the authority of 15 U.S.C. 6801 et seq., 12 U.S.C. 5519 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services once again. Please stop ignoring the fact that you or any agency can not furnish this information without my consent and you do not have it. 15 U.S. Code 1681n - Civil liability for willful noncompliance states that " Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} '' it also states " Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. '' I have already demonstrated that you don't have permissible purpose and are knowingly continuing to report information after I have made many complaints. I am very tired of making complaints to no avail I know my rights as a consumer and I am tired of these companies violating my rights. If you still refuse to comply I will see you in federal court and according to 15 USC 1681n ( c ) " Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper '' and when I win you will pay my attorney fees. I would really love to see how you weasel your way out of this in your response please address how it is you continue to report without my consent. You always seem to conveniently leave that out. You already admitted I am the consumer so please explain why the Fair Credit Reporting Act is not protecting my rights the language in the act is very clear so now not only am I requesting you delete the account I want XXXX from each company for wilfully violating the provisions of that act. You can send the check to whatever address you have on file. Stop spitting on my right to privacy and follow the law. In your response I demand to see an explanation of all the laws I listed and why you continue to violate them. Also to those at the CFPB what else must I do for you to actually enforce the provisions of the Fair Credit Reporting Act so far the Consumer Finance Protection Bureau has done a terrible job protecting my rights as the Consumer which was stated by XXXX XXXX XXXX that I am the Consumer. Every company on this complaint agreed to follow federal law not only in their security agreement filed with sec.gov but also in their consumer agreements. XXXX XXXX XXXX also claims to have won awards in their field but are obviously violating not only me but many other consumers. As well as the fact the XXXX and Experian are also constantly violating consumers. And as you people seem to get amnesia I have made this report as specific as I can .Once again please stop ignoring the fact that you or any other agency can not report these items without my consent and you do not have it. The account I am speaking of is XXXX XXXX XXXXXXXX XXXX  through XXXX XXXX XXXX Account Opened : XX/XX/XXXX Account # 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