Consumer complaint received 2023-12-06
Company: Experian Information Solutions Inc.
State: NV
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:
I have been pointing out to you that you are not reporting accurate information and your reporting does not coincide with your counterparts ( other CRA 's ), congress states that your information should be the same across all three reporting agencies and there are many discrepancies pursuant to 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Congress says that the banking system is dependent upon fair and accurate credit reporting. The items reported on my consumer report is not fair an equitable to me. An elaborate mechanism has been developed for investigating and evaluating my credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. This mechanism ( E-Oscar ) is reading my information and making a determination on my creditworthiness rather than an individual. Congress says all debt is alleged. I notified you and you continue to ignore me. I reached out to you when you experienced the data breach, and it was to no avail. There are several inaccuracies in my consumer report as you are supposed to maintain the maximum possible accuracy. These inaccuracies are not maximum possible accuracy. These inaccuracies are causing me to constantly get denied extensions of credit. I can not acquire credit, so how is this equitable to me? I do not recall providing consent to you the CRA to report anything on my consumer report.

( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.

There is a great need to protect my right to privacy as this is your grave responsibility 15 U.S. Code 1681a outlines the rules of construction of the term consumer reporting agency, consumer and consumer report. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

You do not have my written consent to add anything to my consumer report, hence without this authorization you are in violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law that backs the code is even stricter as it states that any agency can only get my report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports 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.

No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation.

Without a documented transaction, the inclusion of late payments in my report raises serious concerns. The exclusion of transactions and consumer experiences from the report, except as permitted by law, is indisputable. If there is no transaction, how can a creditor report a payment as late when the transactions and the experiences between the consumer and the persons/corporation making the report is excluded from the consumer report.

Crucial Transactions : Payment history is contingent upon recorded transactions. The absence of transactions raises serious doubts about the reported late payments.

Reporting Discrepancy : The absence of documented transactions contradicts the reported late payments. This discrepancy is alarming.

Legal Clarity : The law explicitly defines the permissible content of my credit report, and this inclusion of unverified data is unacceptable.

This blatant disregard for the law is intolerable According to 15 U.S. Code 1681n, willful noncompliance with the FCRA results in significant civil liabilities. Willful violations can entail compensation of at least {$1000.00} per violation, in addition to any damages incurred due to noncompliance with the law. Continued violations after the initial complaint clearly demonstrate awareness of wrongdoing and disregard for consumer rights. Furthermore, under 15 U.S. Code 1681o, negligent noncompliance also leads to liabilities for any damages resulting from the failure to comply. I implore you to promptly rectify these inaccuracies in my consumer report, failing which, legal action will be pursued to ensure compliance with the FCRA and to obtain justice and compensation as entitled under these laws.

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