Consumer complaint received 2024-06-13
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. (NC)

VIOLATION OF PRIVACY AND CONSUMER LAW VIOLATION OF CODE OF FEDERAL REGULATIONS SHARING OF PRIVATE INFORMATION TO NON AFFILIATE THIRD PARTIES WITH OUT CONSENT REFUSAL TO REMOVE INFORMATION WHEN REQUESTED TO OPT OUT EXPERIAN, XXXX, XXXX SHOE REPORT LATE PAYMENTS AND PERSONAL INFORMATION ON REPORT, INNACURACIES AND REPORTING PRIVATE TRANSACTION HISTORY AS WELL AS PERSONAL INFORMATION. DECEPTIVE PRACTICES 15 U.S. Code 6801 - Protection of nonpublic personal information U.S. Code ( 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.

( 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.

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

15 U.S. Code 6803 - Disclosure of institution privacy policy U.S. Code ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.

15 U.S. Code 1681 - Congressional findings and statement of purpose U.S. Code ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

15 U.S. Code 1666b - Timing of payments U.S. Code A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

1016.10 Limits on disclosure of nonpublic personal information to nonaffiliated third parties.

( 1 ) Conditions for disclosure. Except as otherwise authorized in this part, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless : ( i ) You have provided to the consumer an initial notice as required under 1016.4 of this part ; ( ii ) You have provided to the consumer an opt out notice as required in 1016.7 of this part ; ( iii ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( iv ) The consumer does not opt out.

( 2 ) Opt out definition. Opt out means a direction by the consumer that you not disclose nonpublic personal information about that consumer to a nonaffiliated third party, other than as permitted by 1016.13, 1016.14, and 1016.15.

( 3 ) Examples of reasonable opportunity to opt out. You provide a consumer with a reasonable opportunity to opt out if : ( i ) By mail. You mail the notices required in paragraph ( a ) ( 1 ) of this section to the consumer and allow the consumer to opt out by mailing a form, calling a toll-free telephone number, or any other reasonable means within 30 days from the date you mailed the notices.

( ii ) By electronic means. A customer opens an online account with you and agrees to receive the notices required in paragraph ( a ) ( 1 ) of this section electronically, and you allow the customer to opt out by any reasonable means within 30 days after the date that the customer acknowledges receipt of the notices in conjunction with opening the account.

( iii ) Isolated transaction with consumer. For an isolated transaction, such as the purchase of a cashier 's check by a consumer, you provide the consumer with a reasonable opportunity to opt out if you provide the notices required in paragraph ( a ) ( 1 ) of this section at the time of the transaction and request that the consumer decide, as a necessary part of the transaction, whether to opt out before completing the transaction.

( b ) Application of opt out to all consumers and all nonpublic personal information.

( 1 ) You must comply with this section, regardless of whether you and the consumer have established a customer relationship.

( 2 ) Unless you comply with this section, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer that you have collected, regardless of whether you collected it before or after receiving the direction to opt out from the consumer.

( c ) Partial opt out. You may allow a consumer to select certain nonpublic personal information or certain nonaffiliated third parties with respect to which the consumer wishes to opt out.