Consumer complaint received 2023-11-11
Company: Experian Information Solutions Inc.
State: NC
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:
The equitable rights, rights of action, title, and interest of the estate belong to the XXXX XXXX XXXX living trust ; the name is registered, common law copyrighted, and is the private property of the trust ; any chose-in-action listed in the report is executed by the Beneficiary also being the private property of the trust including all accounts, credit, and securities. Anyone found holding any legal title in the Street Name belonging to the estate is assumed to be a Trustee of this trust, whether express, implied, or constructive. Regarding the matters of estates and trusts, equity has exclusive jurisdiction. 

There appears to be a conflict of interest between the Trustees interest and the beneficiary, a usurpation of the beneficiarys rights, the beneficiary does not monetarily benefit from the sale and use of the estate property in the furnished reports, nor is any of the present adverse consumer reporting beneficial to the beneficiary and presently favors the financial interest of the Credit Agency and its members as Data Furnishers : To my knowledge as beneficiary, there is to be no adverse reporting of an estate trust by any credit reporting agency, especially without consent or a written instruction or request from the consumer 's beneficiary. I reserve my rights to financial privacy rights as beneficiary, a man ; I provide this written request and instruction to remove the following adversely reported items and listed inquiries contained improperly in the consumer report without consent, authorization, and deficient any reporting notice to the beneficiary by either the National Credit Reporting Agency or the Data Furnisher, both being Trustees over the estate : Listed in attachment.

Any adverse items listed and reporting late payments are not in compliance with Title 15 U.S. Code 1666b ; none of the Data Furnishers of listed open-end credit plans have NOT provided or demonstrated any evidence that statements were provided at least 21 days before the date specified for payment and any reported late payments by said data furnishers need to be removed from the consumer report.

There is also a misrepresentation by the Trustees regarding the bankruptcy listed on the consumer report as being reported from the courthouse ; however, the fact of the matter is the information is being actually reported by XXXX XXXX XXXX and XXXX, additional trustees. 

Furthermore, it is a Maxim of law that Equity follows the Law, that equity will not suffer a wrong without a remedy nor allow a statute to be a cloak for fraud and unfair and deceptive trade practices involving the unauthorized practice of law by a corporation. 

The Laws and Regulations according to the Fair Credit Reporting Act Title 15 U.S. Code 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 Beneficiary. I have the right to make sure my private information isn't shared which is backed by Title 15 U.S. Code 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. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. Title 15 U.S. Code 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, 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, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked as of this notice. 

Title 15 U.S. Code 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. '' The Furnishers of information to credit reporting agencies have never informed me by notice of my right to exercise my non-disclosure option. Not only that but Title 15 U.S. Code 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. '' The listed accounts and inquiries are adverse items reported without notice or my permission, a conflict of interest against the equity and the law. Title 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. 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. XXXX, XXXX, Experian, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that " A consumer may exercise the right to opt-out at any time. '' I am invoking my right NOW ; I am opting out of your reporting services regarding any adverse reporting in conflict of interest with the Beneficiary and Trustee.

Regulations further provide Credit Reporting Agencies are ONLY exceptions to the notice and opt-out requirements provided in 12 CFR 1016.15, with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction ; /s/ XXXX XXXX : XXXX XXXX XXXX, Beneficiary Non-person , Non-Statutory, All rights reserved. ( E-sign Act ) Date:XX/XX/2023

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 non-monetary relief