Consumer complaint received 2023-05-17
Company: Experian Information Solutions Inc.
State: IN
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:
Below is a list of violations that { Experian } has committed as a credit reporting agency. 

Fact, I, the affiant am aware and giving notice, that as a Federal protected consumer my rights have been violated under Fair Credit Reporting Act that is meant to protect consumers right to privacy, and I, the consumer have had my privacy violated pursuant to 15 U.S.C 1681 ( a ) ( 4 ).

1.

15 U.S.Code 1681 ( a ) ( 4 ) - Consumers right to privacy.

Notice, it is a fact, I, the affiant is a consumer has the right to privacy pursuant to 15 U.S.Code 1681 ( a ) ( 4 ). { Experian } has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent.

2.

15 U.S.Code 1681 ( b ) credit reporting agencies must follow reasonable procedures. Must be fair and equitable to the consumer. 

Notice, it is a fact, affiant is aware, all consumer reporting agencies, must follow reasonable procedures pursuant to 15 U.S.Code 1681 ( b ). The reasonable procedures listed in the affidavit herein were not followed and this a violation of 15 U.S.Code 1681 ( b ).

3.

15 U.S.Code 1681a ( 2 ) ( A ) ( iii ) - the consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the Gramm Leach Bliley Act.

Notice, it is a fact, affiant is aware, a consumer must be given a chance to direct whether they want the information about a transaction to be reported or not. This is referenced in the Gramm Leach Bliley Act. Affiant was not given the chance to opt-out of having this reported information about the listed accounts not being reported and is a violation of 15 U.S. Code 1681a ( 2 ) ( A ) ( iii ) and must be removed.

4.

15 U.S.Code 1681a ( q ) ( 3 ) - IDENTITY THEFT DEFINITION, SIMILAR TO REG V 12 CFR 1022.3 Notice, it is a fact, affiant is aware the term identity theft as described in 15 U.S.Code 1681a ( q ) ( 3 ) and Regulation V 12 CFR 1022.3 is a fraud committed or attempted using the identifying information of another person without authority.

5. 
15 U.S.Code 1681b ( a ) ( 2 ) - Credit reporting agencies need written instruction to make a consumer report by the consumer. 

Notice, it is a fact, affiant is aware a consumer reporting agency needs written instructions by I, the consumer, to furnish a consumer report. Without written instruction this consumer reporting agency has committed fraud by using my identifying information without any lawful authority to furnish this information on my consumer report. By definition { Experian } has committed identity theft. This is a violation of 15 U.S.Code 1681b ( a ) ( 2 ) as seen in Exhibit ( -- ) and information associated with the disputed accounts listed must be removed.

Notice, it is a fact, affiant is aware a consumer reporting agency may furnish a consumer report in accordance with the written instructions from the consumer to whom it relates. Please provide the written instructions that I, the consumer gave to { Experian } which has authorized this furnished account. If you can not provide me with these instructions written by me prior to this notice this has been a fraudulently made consumer report using my identifying information. Exhibit ( -- ) shows proof of 15 U.S.Code 1681b ( a ) ( 2 ) being violated by { Experian }, which constitutes aggravated identity theft in accordance with 18 U.S.Code 1028A. The accounts must be removed.

6.

15 U.S.Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) - Unauthorized inquiries Notice, it is a fact, affiant is aware, this inquiry is unauthorized and has been furnished without my consent. There was no permissible purpose and is a violation of 15 U.S.Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ).

7.

1681c-2 ( a ) - Blocking consumer report Notice, it is a fact, affiant is aware pursuant to 15 U.S. Code 1681c-2 ( a ), if I, the consumer, provides a consumer reporting agency, such as, { Experian }, with appropriate proof of the identity, a copy of an identity theft report, and a statement by I, the consumer stating the information in connection with the listed accounts not relating to any transaction by myself, { Experian } is required to place a block on my consumer report on the information associated with the listed accounts. This information would not be blocked in error, if you feel there is misrepresentation or there was any possession of goods, services, or money obtained please send me a statement SIGNED under the penalty of perjury with evidence of this counterclaim. 

8.

15 U.S. Code 1681q - Any person which includes a consumer reporting agency who willfully and knowingly obtains INFORMATION on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18.

Notice, it is a fact, any person, which includes an organization such as { Experian } who willfully and knowingly obtains information on a consumer, like I, the affiant from another consumer reporting agency, without the written instructions or authorization pursuant to 1681b is information obtained under false pretenses. You have no lawful authority and this is a crime under Title 18 and fines are described within 18 U.S.Code 3571. 


9.

15 U.S.Code 1681n ( a ) ( 1 ) ( A ) - 1681n ( a ) ( 1 ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$1000.00} Notice, it is a fact, affiant is aware, each requirement of the FCRA which { Experian } fails to comply with, holds the company liable for {$1000.00} per action and pursuant to 15 U.S.Code 1681i when an investigative report is prepared, no adverse information in a consumer report may be included in a subsequent consumer report unless the reported was verified. Each month this false information was incorrectly verified making { Experian } liable for each consecutive reporting shown in Exhibit ( -- ).

15 U.S. Code 1681o ( a ) ( 1 ) - - For negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages.

To avoid any legal action and arbitration, I demand the removal of these items listed for dispute. If the items are not deleted from my credit report within 10 days of the date listed above on this dispute, I will take this matter further with legal action. 
Overall, I am being a Woman in good faith with this dispute, but if my demands are not met, I will most definitely enforce my rights as a consumer. I will produce and exhibit your violations with fines. 
This will be last time I send this over or next thing will be DISTRICT COURT FOR DAMAGES. ACCOUNTS- XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. I DID NOT AUTHORIZE THESE ACCOUNTS.

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