Consumer complaint received 2024-07-10
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. (NY)

To whom it concerns my name is XXXX XXXX, and I am writing to bring to your attention a matter that requires immediate attention. It has come to my notice that there may be an error in the way my information is being reported by XXXX. Specifically, I believe that certain information is being reported illegally. 

Section 602a of the Fair Credit Reporting Act, 15 USC 1681, stipulates that " 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. '' As the consumer, my credit report providers are XXXX, Experian, and XXXX. My right to ensure that my private information is kept private is supported by 15 USC 6801, which states that " 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. '' By definition, all credit agencies such as XXXX, Experian, and XXXX fall under the designation of a financial institution pursuant to 15 USC 6827 ( b ).

Section 2 of 15 USC 1681 section 604 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. I XXXX XXXX have not given my formal consent to XXXX XXXX or the consumer reporting agencies XXXX, Experian, and XXXX to provide this information. All spoken, nonverbal, written, implied, and other consents to XXXX, Experian, XXXX, and XXXX XXXX are withdrawn. " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX, Experian, and XXXX never disclosed to me that I might invoke my right to remain anonymous. Not only that 15 USC 1681C ( a ) ( 5 ) states " 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. '' They are re-reporting this account as a negative item without my consent, which is illegal. USC 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Furthermore According to 12 CFR 1016.7, " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.