Consumer complaint received 2023-08-11
Company: Experian Information Solutions Inc.
State: MD
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:
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. '' EXPERIAN, XXXX and XXXX 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 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 the financial institution and the Consumer reporting agencies EXPERIAN, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent which is a direct violation of my privacy rights under The Privacy Act of 1974, financial institution XXXX is in violation of 15 U.S Code 1692d and is causing harm to the consumers reputation furnishing adverse action to the consumer and will be held liable under 15 U.S Code 1692k. As amended 5 U.S.C. 552a is to protectsrecords about individuals retrieved by personal identifierssuch as a consumers name, social security number, or other identifying number or symbol pertaining to that consumer. An individual has rights under the Privacy Act to seek access to and request correction, or deletion of accounting and disclosures of any such records maintained about him or her. Any and all consent to EXPERIAN, XXXX, XXXX and XXXX ( whether it be verbal, non-verbal, written, implied or otherwise is revoked. 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 never informed me of my right to exercise my nondisclosure option and is violation of FEDERAL LAW as stated by XXXX the debt has been sold to a third party non affiliate, the company did not give no disclosures or notice to consumer which is a violation of the consumers private information under each and every law listed herein. A debt that is Charged off and sold to a 3rd party/ non affiliate is considered a certificate of indebtedness which is now income and income can not be reported on any consumer report. 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. 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. EXPERIAN, XXXX 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 opting out of the reporting of this account. The consumer reporting agencies are to be compliant with the FCRA. I opt out of the reporting of XXXX on all consumer reports I revoke the consent given and demand immediate deletion of the account. EXPERIAN, XXXX and XXXX is liable under the SEC to follow and comply to certain rules. This is the second attempt to the rightful deletion of this account SAID companies will be willfully in noncompliance with consumer demands pursuant to 15 U.S Code 1681n and in negligent noncompliance pursuant to 15 U.S Code 1681o.

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