Consumer complaint received 2024-08-28
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc. (CA)

Complaint Reason : Unauthorized Accounts, Account Reinsertion, and Consumer Rights Violations I have identified unauthorized fraud accounts on my credit report. Furthermore, an account that was previously blocked and removed has been reinserted into my report. Despite submitting a Federal Trade Commission ( FTC ) report, my California state drivers license, and my Social Security card, the credit bureau has failed to take the necessary corrective actions. This neglect violates both federal and California consumer protection laws.

Violation of Federal and California Consumer Protection Laws I take the violation of my rights very seriously. As a consumer, I expect all credit reporting agencies to comply fully with the relevant federal and state laws. Below, I list the specific laws and regulations that govern the conduct of XXXX, Experian, and XXXX, along with the corresponding provisions from the Fair Credit Reporting Act ( FCRA ), U.S. Code ( USC ), and Code of Federal Regulations ( CFR ) : 1. 15 USC 1681b ( a ) ( 2 ) ( FCRA Section 604 ( a ) ( 2 ) ) : This provision states that a consumer reporting agency may furnish a consumer report only with the written instructions of the consumer to whom it relates. I have not provided any written consent to XXXX, Experian, or XXXX for the furnishing of my consumer report. Furthermore, I hereby revoke any and all previous consents, whether verbal, non-verbal, implied, or otherwise. 
2. 15 USC 6802 ( b ) ( c ) ( Gramm-Leach-Bliley Act ) : This law mandates that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is informed of their right to opt-out of such disclosure and provided with a clear method to exercise that right. I was never informed of this right, which is a direct violation of the Gramm-Leach-Bliley Act.

3. 15 USC 1681c ( a ) ( 5 ) ( FCRA Section 605 ( a ) ( 5 ) ) : This section stipulates that no consumer reporting agency may include adverse information in a consumer report that is more than seven years old, except for records of criminal convictions. The adverse account in question is being reported again without my authorization, violating this provision.

4. 15 USC 1681s-2 ( a ) ( 1 ) ( A ) ( FCRA Section 623 ( a ) ( 1 ) ( A ) ) : Under this statute, it is illegal for any person to furnish information to a consumer reporting agency if they know or have reasonable cause to believe the information is inaccurate. The reporting of the disputed accounts is in direct violation of this law. 
5. 15 USC 1681e ( FCRA Section 607 ) : This law requires that consumer reporting agencies maintain reasonable procedures to ensure compliance with section 1681c ( FCRA Section 605 ) and to limit the furnishing of consumer reports to the purposes listed under section 1681b ( FCRA Section 604 ). XXXX and Experian have failed to maintain such procedures, leading to unauthorized and inaccurate reporting.

6. 12 CFR 1016.7 ( Regulation P ) : This regulation gives consumers the right to opt out of having their nonpublic personal information disclosed to nonaffiliated third parties. I am exercising my right to opt out of your reporting services under this regulation.

7. 15 USC 1681i ( a ) ( 5 ) ( B ) ( ii ) ( FCRA Section 611 ( a ) ( 5 ) ( B ) ( ii ) ) : This provision requires that if any information deleted from a consumers file is reinserted, the consumer reporting agency must notify the consumer in writing within five business days of the reinsertion. In my case, this legal obligation has not been fulfilled. 

1. 15 USC 1681b ( a ) ( 2 ) ( FCRA Section 604 ( a ) ( 2 ) ) : This provision states that a consumer reporting agency may furnish a consumer report only with the written instructions of the consumer to whom it relates. I have not provided any written consent to XXXX, Experian, or XXXX for the furnishing of my consumer report. Furthermore, I hereby revoke any and all previous consents, whether verbal, non-verbal, implied, or otherwise. 
2. 15 USC 6802 ( b ) ( c ) ( Gramm-Leach-Bliley Act ) : This law mandates that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is informed of their right to opt-out of such disclosure and provided with a clear method to exercise that right. I was never informed of this right, which is a direct violation of the Gramm-Leach-Bliley Act.

3. 12 CFR 1016.10 ( Regulation P ) - Opt-Out Notices : This regulation requires that a financial institution provide clear and conspicuous opt-out notices to consumers, explaining their right to opt-out of the sharing of nonpublic personal information with nonaffiliated third parties. I was never provided with such a notice, nor informed of my right to opt-out, which constitutes a violation of this regulation. 
4. 12 CFR 1022.21 ( Regulation V ) - Opt-Out from Prescreened Offers : According to this regulation, consumers have the right to opt out of receiving prescreened offers of credit and insurance based on information in their credit report. I am hereby exercising my right to opt-out of any prescreened offers and expect this to be honored by all credit reporting agencies.