Consumer complaint received 2024-06-25
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. (TX)

XXXX XXXX XXXX Purpose, objectives, and functions ( a ) PURPOSE The XXXX XXXX seek to implement and, where applicable, enforce XXXX consumer financial law consistently for the purpose of ensuring that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent, and competitive. 
( b ) OBJECTIVES The XXXX is authorized to exercise its authorities under Federal consumer financial law for the purposes of ensuring that, with respect to consumer financial products and services ( XXXX ) consumers are provided with timely and understandable information to make responsible decisions about financial transactions ; ( XXXX ) consumers are protected from unfair, deceptive, or abusive acts and practices and from discrimination ; ( XXXX ) outdated, unnecessary, or unduly burdensome regulations are regularly identified and addressed in order to reduce unwarranted regulatory burdens ; ( XXXX ) Federal consumer financial law is enforced consistently, without regard to the status of a person as a depository institution, in order to promote fair competition; and ( XXXX ) markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation. 
( c ) FUNCTIONS The primary functions of the XXXX are ( XXXX ) conducting financial education programs ; ( XXXX ) collecting, investigating, and responding to consumer complaints ; ( XXXX ) collecting, researching, monitoring, and publishing information relevant to the functioning of markets for consumer financial products and services to identify risks to consumers and the proper functioning of such markets ; ( XXXX ) subject to sections XXXX through XXXX of this title, supervising covered persons for compliance with Federal consumer financial law, and taking appropriate enforcement action to address violations of Federal consumer financial law ; ( XXXX ) issuing rules, orders, and guidance implementing Federal consumer financial law ; and ( XXXX ) performing such support activities as XXXX be necessary or useful to facilitate the other functions of the XXXX XXXX XXXX XXXX XXXX Definitions ; rules of construction -The term consumer means an individual. 
-The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living -The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
( XXXX ) EXCLUSIONS. the term consumer report does not include A ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information XXXX be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; *Reporting transaction history is illegal* XXXX FURNITURE privacy policy they do not share information with non-affiliated XXXX parties. 

XXXX XXXX XXXX XXXX Enforcement According to the Fair Credit Reporting Act XXXX XXXX XXXX Section XXXX There is a need to ensure that consumer reporting agencies to exercise their significant responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. XXXX, Experian, and XXXX are consumer reporting agencies and I am the consumer. As a protected consumer I have a right to make sure that my private NONPUBLIC information is not shared, which is affirmed by law XXXX XXXX XXXX. It is the policy of XXXX 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. XXXX XXXXXXXX is a financial institution. The definition is found under title XXXX XXXX XXXX section XXXX section XXXX states In general Subject to Section to subsection ( c ) '' any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer in which it relates. XXXX XXXX the financial institution and consumer reporting agencies do not have my consent and definitely do not have my written nor authorization to furnish adverse information, nor any non-public transaction history A financial institution XXXX not disclose nonpublic personal information without the consumer receiving an explanation of how the consumer can exercise a nondisclosure option. XXXX XXXXXXXX never informed me of my right to exercise my non-disclosure option. XXXX XXXX XXXX ( a ) XXXX states except authorized under subsection ( b ), no consumer reporting agency XXXX make any consumer report containing any adverse item of information, other than records of convictions of crimes which antedates the report by more than 7 years. This account is an adverse item that is being reported again, without my permission, which is against the law. XXXX XXXX XXXX ( A ) ( XXXX ) 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 the information is inaccurate. Any and all consent to XXXX, Experian, XXXX and XXXX XXXXXXXX whether verbal, non-verbal, written, implied or otherwise is revoked. 
XXXX XXXX XXXX ( b ) ( c ) states A financial institution XXXX not have disclose nonpublic personal information to a nonaffiliated third party UNLESS- the consumer is given an explanation of how the consumer can exercise a nondisclosure option XXXX XXXXXXXX never properly informed me of my right to exercise that nondisclosure option. Not only did they not provide assurance of those rights XXXX XXXX XXXX a ( XXXX ) states except as authorized under subsection ( b ), NO CONSUMER reporting agency XXXX make any consumer report containing any of the following items of information, other than records of items of information. Any other adverse information, other than records of convictions of crimes which antedates the report by more than XXXX years. This account is an adverse item they are reporting which is without my permission which is against the LAW. 
15 USC 1681s-2 ( A ) ( XXXX ) 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 USC 1681e states Every consumer reporting agency SHALL maintain procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under XXXX of this title. Experian and XXXX are not maintaining reasonable procedures. 
XXXX XXXX XXXX " A CONSUMER MAY EXERCISE THE RIGHT TO OPT OUT AT ANY TIME '' SEE THE OPT OUT THAT WAS SENT TO THE XXXX XXXXXXXX XX/XX/year>. I do not authorize the credit agency to reporting any adverse information not transaction history for the insurance/credit issued per the law as it stands. XXXX update as well as XXXX. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( a ) Accuracy and fairness of credit reporting. The XXXX makes the following findings : ( XXXX ) 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. ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( XXXX ) 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. ( b ) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. 
15 USC 6801 : Protection of nonpublic personal information It is the policy of the XXXX 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 ) of this section, each agency or authority described in section XXXX ( a ) of this title shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards- ( XXXX ) to insure the security and confidentiality of customer records and information ; ( XXXX ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( XXXX ) to protect against unauthorized access to or use of such records and information which could result in substantial harm or inconvenience to any customer. 

XXXX. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( XXXX ) In accordance with the written instructions of the consumer to whom it relates. 

XXXX XXXX XXXX ( a ) XXXX XXXX. Requirements relating to information contained in consumer reports ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( XXXX ) cases XXXX under title XXXX or under the Bankruptcy XXXX that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. 
( XXXX ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than XXXX years or until the governing statute of limitations has expired, whichever is the longer period. 
( XXXX ) Paid tax liens which, from date of payment, antedate the report by more than XXXX years. 
( XXXX ) Accounts placed for collection or charged to profit and loss which antedate the report by more than XXXX years. 
( XXXX ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. 
( b ) Exempted cases The provisions of subsection ( a ) of this section are not applicable in the case of any consumer credit report to be used in connection with- ( XXXX ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( XXXX ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( XXXX ) the employment of any individual at an annual salary which equals, or which XXXX reasonably be expected to equal {$75000.00}, or more. 

XXXX XXXX XXXX Definitions : **Identity Theft means a fraud committed and attempted using the identifying information of another person without authority. [ Anything added to my report without my written permission is considered identity fraud ] XXXX XXXX XXXX Block of information resulting from identity theft XXXX XXXX XXXX XXXX A ) ( XXXX ) - Administrative Enforcement XXXX XXXX XXXX Permissible purposes XXXX consumer reports XXXX XXXX XXXX Compliance procedures- XXXX Non-disclosure is necessary ) XXXX XXXX XXXX ( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 
( h ) XXXX right to opt out. A consumer may exercise the right to opt out at any time.