Consumer complaint received 2024-10-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: Experian Information Solutions Inc. (FL)

XXXX XXXX XXXX has violated my consumer rights, privacy and has been grossly negligent in their non-compliance of various CFR, UCC, Privacy Acts and IRS Regulations as well as many other regulations, codes and acts. 

XXXX XXXX XXXX has disclosed my private information to third parties and is reporting inaccurate information on my credit report while actively trying to collect a debt which was reported as charged off! A charge of is considered a certificate of indebtness which means it is income and MUST be removed. If the debt was paid and is actually considered income per IRS Publication 4681, that would effectively make this accounting/reporting inaccurate. How can income ( according to the IRS ), be reported as debt? It cant. 

Also, this same IRS Publication ( 4681 ) requires a 1099c sent to me in the amount of the principal amount, which in this case was $ 31,360.I am also entitled to this principal amount. This 1099c is required so I may file my taxes and report my income appropriately. XXXX XXXX XXXX, being as business and financially savvy as they are, know these requirements, laws, regulations and codes as they are obligated to comply with SEC and CFR, UCC codes XXXX as well as many other acts and regulations and XXXX XXXX XXXX has deliberately kept my securities to continue to trade illegally on the secondary market. They also KNOWLINGLY and INTENTIONALLY conspired to actively prevent me from filing my taxes accurately to the IRS. This fits the definition of negligence and noncompliance. 

In this case, due to the gross negligence ( refer to US Code below ) of XXXX XXXX XXXX, I have suffered actual damages aka compensatory damages, as I lost income/wages and incurred excessive additional necessary expenses due to this deception and negligence-among other things. Such aspunitive damages, which were and continue to this day, compelled by the especially reckless or malicious " acts of XXXX XXXX XXXX. These especially reckless or malicious " acts have caused severe emotional distress, mental anguish and financial hardship upon myself and my family-unnecessarily by XXXX XXXX XXXX.

Fair Credit Reporting Act ( FCRA ) 15 U.S. Code 1681 ( o ) : Civil liability for negligent noncompliance ( a ) In general, any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure ; and ( 2 ) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

( b ) Attorneys fees On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

Gramm-Leach-Bliley Act ( GLBA ) 15 USC 6801 ( a ) Privacy obligation policy 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. 

Gramm-Leach-Bliley Act ( GLBA ) 15 USC 6801 ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection , shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

XXXX XXXX XXXX violated MANY times as they have sold this security and allowed it to be sold on the secondary market as shown by forensic auditing and CUSIP number. As a creditor and financial institution XXXX XXXX XXXX  is well aware of the hazards/dangers/risks and harm that can come from inaccurate reporting to credit reporting agencies and the financial threats it can pose to consumers and customers alike. Yet XXXX XXXX XXXX  not only allowed this behavior, they encourage it, promote it and PROFIT billions of dollars at my ( any others ) expense.

Gramm-Leach-Bliley Act ( GLBA ) 15 U.S. Code 6802 ( a ) - " Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. 

XXXX XXXX XXXX has sold my securities many times and otherwise provided my security to other companies as well as credit reporting agencies such as Experian and XXXX. This is in direct violation of 15 U.S. Code 6802- ( a ). I was not provided an annual opt-out notice nor a notice each time this information was shared with a nonaffiliated third party while my security sold/traded on the secondary market. 

While there are other violations of my privacy and demonstrated acts of unlawfulness of XXXX XXXX AUTO, I believe at this time, there is enough information in this consumer complaint-for now