Consumer complaint received 2024-07-04
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. (IL)

As the CFPB there is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy '' pursuant to the Fair Credit Reporting Act ( 15 USC 1681 sec. 602 a ). Experian, XXXX and XXXX are consumer reporting agency and I am the consumer in this relationship. I have a right as a consumer to ensure that my private information is not shared which is authorized by 15USC 6801 which states " 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. '' A " furnisher of information to credit agencies '' is defined as a financial institution under this title. In 15 USC 1681 sec. 604 ( a ) sec. 2, it states '' in general subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' The financial institution XXXX XXXX XXXX does not have my consent to furnish this information and most certainly does not have my written consent to furnish said information to the credit agencies whether it be verbal, non- verbal, written, or implied, shall be revoked. In 15 USC 6802 ( b ) ( c ) it states that " A financial institution may not disclose nonpublic personal information to a non affiliated third party unless : the consumer is given an explanation of how the consumer can exercise that non disclosure option. Also, in 15 USC 1681c ( a ) ( 5 ) it states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item being reported without my consent which is against the aforesaid law. The privacy act of 1974 ( 5 USC 552a ) has given clear specifications as to what information shall be reported and authorized, it states 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 and refers to any record which is defined in the act as financial transactions, medical history, item, or grouping of information about an individual that is maintained by an agency. 15 USC 1681 e states " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' Experian, XXXX and XXXX is not maintaining reasonable procedures according to this citation. Lastly, 12 CFR 1016.7 states " A consumer may exercise the right to opt out at any time. '' I am choosing to " otp out '' of XXXX XXXX XXXX reporting services. It also states, You do not provide a reasonable means of opting out if : The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right. According to 15 USC 6805, it is the duty of the CFPB to enforce the rights of consumers to exercise these acts and codes.