Consumer complaint received 2023-08-25
Company: Experian Information Solutions Inc.
State: FL
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:
In accordance with the Fair Credit Reporting Act ( FCRA ), specifically 15 USC 1681 section 602 ( a ), it is emphasized that consumer reporting agencies, such as XXXX and Experian, must carry out their responsibilities with utmost fairness, impartiality, and respect for consumers ' privacy rights. This act underscores the need to ensure that private information is safeguarded from unwarranted sharing. Similarly, 15 USC 6801 reinforces the Congress 's policy that financial institutions are obliged to uphold customer privacy, protecting their nonpublic personal information. 

One must note that entities like XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Department of Education XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX, as furnishers of information, fall under the definition of financial institutions as outlined in the relevant legal provisions. 

Referring to 15 USC 1681 section 604 ( a ) ( 2 ), it is established that consumer reporting agencies are only permitted to provide a consumer report when expressly instructed in writing by the concerned consumer. It's evident that XXXX, Experian, and other similar agencies lack both your consent and written authorization to share this information. 

Furthermore, 15 USC 6802 ( b ) ( c ) mandates that a financial institution must inform the consumer about their right to prevent the disclosure of nonpublic personal information to nonaffiliated third parties. It's apparent that you were not informed about this nondisclosure option by the mentioned furnishers of information. 

Citing 15 USC 1681C ( a ) ( 5 ), it is explicitly stated that consumer reporting agencies are prohibited from including certain adverse information in a consumer report without authorization. The reporting of this adverse account without your explicit permission is indeed contrary to the law.

According to 15 U.S. Code 1681s2 ( A ) ( 1 ) ( A ), it is unlawful for a person to provide inaccurate information about a consumer to a consumer reporting agency if they have reason to believe it is inaccurate. Moreover, 15 U.S. Code 1681e underscores that consumer reporting agencies must establish reasonable procedures to prevent violations and limit the sharing of consumer reports to authorized purposes. XXXX, Experian, and others appear to be failing in maintaining such reasonable procedures. 

Additionally, referring to 12 CFR 1016.7, consumers possess the right to opt out of reporting services at any time. 

In light of these legal provisions, I am formally submitting my request to opt out of the reporting services provided by the mentioned furnishers of information, including XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Department of Education XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. This marks my second complaint to the Consumer Financial Protection Bureau ( CFPB ) concerning these violations. It is important to address the derogatory remarks that have led to detrimental discrimination and denials. Please be aware that my initial complaint was lodged on XX/XX/2023, and the issue remains unresolved. 

Your prompt attention to rectifying this situation in compliance with the FCRA and other pertinent regulations is anticipated. 

Sincerely, /s/ XXXX : XXXX BENEFICIARY , Agent

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