Consumer complaint received 2023-12-24
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)

I am writing to file a formal complaint against XXXX XXXX XXXX for apparent violations of the Fair Credit Reporting Act ( FCRA ), Code of Federal Regulations ( CFR ), and the Privacy Act of 1974. The nature of the violation ( s ) pertains to the unauthorized disclosure of my nonpublic personal information to non-affiliated third parties without proper notice or consent, a clear breach of privacy regulations outlined in the aforementioned laws. 

Congressional Findings and Consumer Reporting Agency Compliance : 15 U.S. Code 1681 emphasizes the crucial role of fair and accurate credit reporting, stressing the necessity of accurate credit reporting for the efficiency of the banking system while acknowledging that unfair methods erode public confidence, which is essential for its operation. 

Consumer reporting agencies are mandated by law to evaluate consumer information fairly, impartially, and with an unwavering commitment to consumer privacy. 

Additionally, under 15 U.S. Code 1681e, consumer reporting agencies are legally obligated to implement reasonable procedures ensuring the highest attainable accuracy of consumer reports. XXXX XXXX XXXX XXXX disclosure of inaccurate information not only violates my privacy but intensifies their noncompliance with statutory provisions. 

Details of Violations : 1. **Disclosure of Nonpublic Personal Information : ** XXXX XXXX XXXX  without obtaining requisite consent or providing proper notice, disclosed my personal information to non-affiliated third parties namely XXXX , Experian and XXXX XXXX This action directly violates the Privacy Act of 1974 ( 5 U.S. Code 552a ) and the FCRA ( 15 U.S. Code 6802 ). 

2. **Failure to Provide Opt-Out Opportunity : ** XXXX XXXX XXXX neglected to offer me the opportunity to opt out of the disclosure of my nonpublic personal information, as mandated by the FCRA 15 U.S. Code 6802 ( b ). The continuous disclosure without providing the option to opt out further exacerbates the violation. 

3. **Continued Right to Opt Out : ** As per 16 CFR 313.7 ( f ), I reserve the right to opt out at any time, a privilege denied to me by XXXX XXXX XXXX actions. 

4. **Exclusion of XXXX and Experience Information : ** According to 15 U.S. Code 1681a ( 2 ) ( A ) ( i ), the term " consumer report '' excludes reports containing information solely related to transactions or experiences ( payment history and utilization ) between the consumer and the reporting entity. XXXX XXXX XXXX XXXX inclusion of transaction history within the reported information is a direct violation of this exclusionary provision. 

The unauthorized disclosure of my personal information by XXXX XXXX XXXX  has led to significant financial and emotional distress, causing undue harm and disruption in my life. 

Remedial Actions Demanded : 1. **Immediate Deletion of Reports : ** I demand the immediate deletion of any reports or disclosures made by XXXXXXXX XXXX XXXX that contain my personal information, specifically transaction history. 

2. **Compensation for Damages : ** Pursuant to 15 U.S. Code 1681n, I demand compensation of {$1000.00} per violation for the damages incurred due to XXXX XXXX XXXX XXXX  willful noncompliance. 

I implore the Consumer Financial Protection Bureau to take swift and decisive action against XXXX XXXX XXXX  to ensure compliance with the laws and regulations outlined above. I seek your intervention to rectify this situation promptly and to hold XXXX XXXX XXXX accountable for their unlawful actions. 

Please find enclosed supporting documentation detailing the violations and their impact on my financial and emotional well-being. 

I appreciate your attention to this matter and eagerly await your prompt action in addressing this grievance.