Consumer complaint received 2023-06-15
Company: Experian Information Solutions Inc.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
These organizations ( XXXX, XXXX, Experian ) are in several violations of the Fair Credit Reporting Act and Fair Debt Collection Practice Act. As well as Gramm-Leach Bliley Act and Privacy Act of 1974 and Codes of Federal Regulations. These organizations are reporting erroneous, frivolous, inaccurate information without taking the proper maximum procedures to assure the accuracy and validity of the information being furnished. Pursuant to 15 USC 1681 ( a ) ( 4 ), consumer reporting agencies must exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. These organizations neither exercised their responsibilities with fairness and impartiality nor protected my right to privacy. Pursuant to 15 USC 1681 ( a ) ( 1 ) the banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. By not taking the reasonable procedures to assure the maximum accuracy, these companies are hindering one 's livelihood and ability to extend credit.

These companies are furnishing inaccuracies to my consumer report without permissible purpose nor written instructions from the consumer pursuant to 15 USC 1681b, as well as improperly furnishing information without any proper investigation or following reasonable procedures to assure maximum accuracy of the information concerning the individual about whom the report relates per 15 USC 1681e ( b ).

These consumer reporting agencies are also in violation of 15 USC 1681a2 ( A ) ( i ) by furnishing transactions or experiences between the consumer and the person making the report. I never gave permission or written instructions to furnish my private transactions and history to the public. Furthermore the companies furnishing this information to the consumer reporting agencies are in violation the Privacy Act of 1974 and Gramm-Leech Bliley Act by not providing full disclosures and an option to " opt out '' from financial institutions giving my nonpublic personal information to non-affiliated third parties. They are also violating Code of Federal Regulations, 16 CFR 433.2, 16 CFR 433.3,16 CFR 313.6 and 16 CFR 313.7.

Pursuant to 15 USC 6802 and 15 USC 6803, companies/financial institutions are to provide a ( A ) clear and conspicuous disclosures regarding the option of opting out from financial institutions giving my nonpublic personal information to non-affiliated third parties, ( B ) the opportunity to direct that such information not be disclosed to such third party, and ( C ) an explanation of how I, the consumer can exercise that nondisclosure option. However such clear and conspicuous disclosures were NEVER provided. These companies are also in violation of 15 USC 1681s-2. Even after putting them on notices and the continuous pattern of misconduct, they are still in breach of fiduciary duties pursuant to UCC 3-307 and still furnishing these inaccuracies.

Pursuant to 15 USC 6805, the Consumer Finance Protection Bureau ( CFPB ) is to enforce and assure these companies and consumer reporting agencies are doing what they're suppose to be doing under the federal laws and not violating consumer rights.

Pursuant to 15 USC 1666b a creditor may NOT treat a payment on a credit card account under an open end consumer credit plan as late for any purpose and thats what some of these companies are doing. They are also in violation of 15 USC 1666d by reporting a balance of {$1.00} or more to the consumer reporting agencies. When in actuality they are suppose to be crediting the balance to the consumers account, refund any part of the amount of the remaining credit balance, and or make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account.

Once again the consumer reporting agency failed to assure the accuracy and validity of the information being furnished. 

The consumer reporting agencies ( XXXX, XXXX, Experian ) are also suppose to provide clear and conspicuous notice to each of their consumers that accurately explains the right to opt out under that section. However they have never provided such disclosures. They are also in violation of 16 CFR 433.2, 16 CFR 433.3,16 CFR 313.6, 16 CFR 313.7, 15 USC 6802 and 15 USC 6803. 

Also the information being furnished on the consumer reporting agencies are not matching at all across all three consumer reporting agencies. So theres definitely inaccuracies being furnished. 

I have tried to reach out to these companies and have been unsuccessful reaching them. Please provide assistance and assure they are doing what they are suppose to be doing under federal laws or I will seek legal action.

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