Consumer complaint received 2024-10-29
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (MO)

MY FIRST REQUEST WAS SUBMITTED ON XXXX XXXX COMPLAINT FILE NUMBER IS XXXX. THIS IS MY 2ND REQUEST ELECTRONICALLY FOR XXXX XXXX XXXX TO STOP WILLFULLY ADDING ASSERTED DEFICIENCIES TO MY CONSUMER REPORT WITH OUT MY PERMISSION/CONSENT AND OR AUTHORIZATION. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ( 2 ) In accordance with the written instructions of the consumer to whom it relates. WHICH MEANS XXXX XXXX DOES NEED MY PERMISSION TO ADD ANYTHING TO MY CONSUMER REPORT. THIS IS A VIOLATION OF THE FCRA. 
Requirements relating to information contained in consumer reports [ 15 U.S.C. 1681c ] 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 : ) Any XXXX XXXX XXXX IS WILLFULLY FAILING TO COMPLY WITH THE FCRA. 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 ( 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. Privacy Act of 1974 ( 5 U.S. Code 552a ) ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. 
This includes consumer reports ( b ) Conditions of Disclosure. No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. AGAIN, XXXX XXXX XXXX NEEDS MY CONSENT. VIOLATION UNDER THE FAIR CREDIT REPORTING ACT AND ALSO THE PRIVACT ACT OF 1974. PRIVACY OF CONSUMER FINANCIAL INFORMATION 12 CFR 1016.1 Purpose and scope. ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices.

( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by Opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15XXXX XXXX XXXX  XXXX WAS TO PROVIDE THE OPTION TO OPT OUT BEFORE DISCLOSING MY NON PUBLIC PERSONAL INFORMATION TO EXPERIAN XXXX XXXX AND XXXX XXXX 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure ; and ( iii ) A reasonable means by which the consumer may exercise the opt out right ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right ; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. XXXX XXXX XXXX DID NOT PROVIDE ME AN OPTION TO OPT OF THEM FURNISHING MY NON PUBLIC PRIVATE INFORMATION. ( 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 ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

( i ) Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically XXXX XXXX XXXX has given me unreasonable means to opt from them reporting.. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' XXXX XXXX XXXX I am opting out of your reporting services.