Consumer complaint received 2024-07-29
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (MD)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MD XXXX XXXX XXXX XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Subject : Complaint Regarding Experian s Reporting of Opted-Out Accounts Dear CFPB, I am writing to formally lodge a complaint against Experian regarding their continued reporting of accounts that I have expressly opted out of. Despite following the appropriate procedures and notifying Experian of my decision to opt out of having certain accounts reported, these accounts continue to appear on my credit report. 
Specifically, I requested Experian to cease reporting the following accounts : XXXX. XXXX XXXX XXXX Accounts XXXX, XXXX and XXXX XXXX. XXXX  XXXX XXXX XXXX XXXX and Account # XXXX XXXX. XXXX XXXX Account ending # XXXX XXXX. XXXX  XXXX XXXX XXXX Account XXXX. 
To date, these accounts remain on my credit report, and my numerous attempts to resolve this issue directly with Experian have been unsuccessful. This ongoing reporting has caused significant inconvenience and potential harm to my credit standing. 
I respectfully request the CFPB to investigate this matter and intervene to ensure that Experian complies with my opt-out request. Enclosed with this letter are copies of my correspondence with Experian including my opt-out requests and any responses received from them. 
Thank you for your attention to this matter. I look forward to your prompt assistance in resolving this issue. 
Sincerely, XXXX XXXX Opt Out Laws PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope. 
( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX16.13, 1016.14, and 1016.15.

Every company owes you a privacy notice before they furnish any Information to our consumer report 12 CFR 1016.4 Initial privacy notice to consumers required.

( a ) Initial notice requirement. You must provide a clear and conspicuous notice That accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than When you establish a customer relationship, except as provided in Paragraph of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic Personal information about the consumer to any nonaffiliated third XXXX, XXXX XXXX XXXX XXXX of opt out notice to consumers ; opt out methods. 
Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your Consumers that accurately explains the right to opt out under that section. The Notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal Information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt Out right.

( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to Exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant Forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case Of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes The address to which the form should be mailed ; Provide an electronic means to opt out, such as a form that can be sent Via electronic mail or a process at your Web site, if the consumer agrees to The electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt Out.

( iii ) Unreasonable opt out means. You do not provide a reasonable means Of opting out if : ( A ) The only means of opting out is for the consumer to write his or her Own letter to exercise that opt out right ; or B ) The only means of opting out as described in any notice subsequent to The initial notice is to use a check-off box that you provided with the initial Notice but did not include with the subsequent notice.

( g ) Time to comply with opt out. You must comply with a consumers opt out Direction as soon as reasonably practicable after you receive it.

( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any Time.

( i ) Duration of consumers opt out direction.

( 1 ) A consumers direction to opt out under this section is effective until the Consumer revokes it in writing or, if the consumer agrees, electronically.

15 U.S. Code 6802 Obligations with respect to disclosures of personal Information ( a ) Notice requirements 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 6803 of this title.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to A nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the Consumer, in writing or in electronic form or other form permitted by the Regulations prescribed under section 6804 of this title, that such Information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such Information is initially disclosed, to direct that such information not Be disclosed to such third party ; and the consumer is given an explanation of how the consumer can Exercise that nondisclosure option.

Once again they must give you an opt out notice for anything that is to be added To your consumer report.

15 U.S. Code 6805 Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed Thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance Authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.