Consumer complaint received 2024-05-31
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. (MI)

ERRONEOUS ACCOUNT : XXXX XXXX XXXX XXXX XXXX After I received correspondence on XX/XX/year> from your agency, it stated that the accounts I disputed were verified by your agency. Pursuant to 15 U.S. Code 1681i ( a ) 1 ( a ), I am demanding that your agency perform a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the status of the disputed information. 

Provide me a COPY OF MY SIGNATURE that I was given the opportunity to OPT OUT of having my information shared with Experian XXXX and XXXX. In reviewing your documentation that you sent me ; I do not see ANY mention of me being given the opportunity to OPT OUT of having my information shared with ANY third-party agencies. 

If this information can not be furnished within 30 days of receipt of this letter, then the information must be deleted immediately. 

XXXX has violated my consumer rights, which is noted below in 15 USC 6802.

15 U.S. Code 6802- Obligations with respect to disclosures of personal information, THE LAW CLEARLY STATES : ( 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 ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

XXXX XXXX did not disclose to me the consumer that the information reported would be disclosed to the third party the consumer reporting agencies. 

XXXX XXXX did not give me an opportunity to direct such information not be disclosed. 

XXXX XXXX did not give me the consumer an explanation of how I could exercise the non discloure option. 

The law basically states if all XXXX of these disclosures were not provided to me that this is a direct violation of the law and I HAVE THE RIGHT OF EXERCISING OPTING OUT. 

All these XXXX disclosures were NOT MET, therefore, I am demanding to OPT OUT of having my information reported and demanding the reporting information to be UPDATE TO PAID AS AGREED on my consumer report OR I will seek to take legal action against your agency for willfully violating the law after I've clearly explained to you how you've violated me numerous times. 

Your Company is in violation of numerous code that constitutes willful non-compliance outlined in 15 USC 1681n that could include monetary compensation should this matter escalate.

The Law Cleary States : ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

I am requesting that you are validating the following items : Should such communication have occurred, provide : Your agency is also in violation in negligent noncompliance as you are in direct violation of 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails 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 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater.

( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) 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 ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

Your agency has less than 30 days to respond with a fair reasonable re-investigation or I will have no choice but to seek legal action. This investigation must be validated by the information that I have listed above. If the information is not validated, then it must be deleted immediately from my consumer report! 

Best regards, XXXX XXXX XXXX