Consumer complaint received 2024-05-17
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc. (CA)

XXXX and XXXX and Experian the credit companies was not honest with the handling my files that they did not have written consent to use my information and personal transactions history these companies in question is XXXX XXXX and Experian they also giving out information to other companies without my written consent under the fcra they are not allow to furnish information with out my consent I have given all companies ( XXXX XXXX the police report ftc report in this matter I also given proof of addresses and accounts they have on file along with XXXX XXXX XXXX XXXX XXXX XXXX they still violating my right under the fcra rules and still is reporting inaccurate information I reach out to the companies personally got the deletion letters and yet experian XXXX and XXXX reporting the accounts that was do to id theft. not taken in the consideration the information has been hurtful and damaging to my reputation in hand under15 usc1611 ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder,15 U.S. Code 1681m - Requirements on users of consumer reportsIf any person takes any adverse action with respect to any consumer that is based in whole or in part on any information contained in a consumer report, the person shall ( 1 ) provide oral, written, or electronic notice of the adverse action to the consumer ; ( 2 ) provide to the consumer written or electronic disclosure ( A ) of a numerical credit score as defined in section 1681g ( f ) ( 2 ) ( A ) of this title used by such person in taking any adverse action based in whole or in part on any information in a consumer report ; and ( B ) of the information set forth in subparagraphs ( B ) through ( E ) of section 1681g ( f ) ( 1 ) of this title ; ( 3 ) provide to the consumer orally, in writing, or electronically ( A ) the name, address, and telephone number of the consumer reporting agency ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) that furnished the report to the person ; and ( B ) a statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken ; and ( 4 ) provide to the consumer an oral, written, or electronic notice of the consumers right ( A ) to obtain, under section 1681j of this title, a free copy of a consumer report on the consumer from the consumer reporting agency referred to in paragraph ( 3 ), which notice shall include an indication of the 60-day period under that section for obtaining such a copy ; B ) to dispute, under section 1681i of this title, with a consumer reporting agency the accuracy or completeness of any information in a consumer report furnished by the agency ) Adverse action based on information obtained from third parties other than consumer reporting agencies ( 1 ) In general Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of such information shall, within a reasonable period of time, upon the consumers written request for the reasons for such adverse action received within sixty days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer his right to make such written request at the time such adverse action is communicated to the consumer ( B ) Action described An action referred to in subparagraph ( A ) is an adverse action described in section 1681a ( k ) ( 1 ) ( A ) of this title, taken in connection with a transaction initiated by the consumer, or any adverse action described in clause ( i ) or ( ii ) of section 1681a ( k ) ( 1 ) ( B ) of this title.

( C ) Information described Information referred to in subparagraph ( A ) ( i ) except as provided in clause ( ii ), is information that ( I ) is furnished to the person taking the action by a person related by common ownership or affiliated by common corporate control to the person taking the action ; and ( II ) bears on the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of the consumer ; and ( ii ) does not include ( I ) information solely as to transactions or experiences between the consumer and the person furnishing the information ; or ( II ) information in a consumer report.

( c ) Reasonable procedures to assure compliance No person shall be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of this section.

( d ) Duties of users making written credit or insurance solicitations on basis of information contained in consumer files ( 1 ) In ( 2 ) Disclosure of address and telephone number ; format A statement under paragraph ( 1 ) shall ( A ) include the address and toll-free telephone number of the appropriate notification system established under section 1681b ( e ) of this title ; and ( B ) be presented in such format and in such type size and manner as to be simple and easy to understand, as established by the Bureau, by rule, in consultation with the Federal Trade Commission , the Federal banking agencies, and the National Credit Union Administration . 
( 3 ) Maintaining criteria on file A person who makes an offer of credit or insurance to a consumer under a credit or insurance transaction described in paragraph ( 1 ) shall maintain on file the criteria used to select the consumer to receive the offer, all criteria bearing on credit worthiness or insurability, as applicable, that are the basis for determining whether or not to extend credit or insurance pursuant to the offer, and any requirement for the furnishing of collateral as a condition of the extension of credit or insurance, until the expiration of the 3-year period beginning on the date on which the offer is made to the consumer ( 2 ) Criteria ( A ) In general In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft. 

( B ) Inactive accounts In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall consider including reasonable guidelines providing that when a transaction occurs with respect to a credit or deposit account that has been inactive for more than 2 years, the creditor or financial institution shall follow reasonable policies and procedures that provide for notice to be given to a consumer in a manner reasonably designed to reduce the likelihood of identity theft with respect to such account. 

( 3 ) Consistency with verification requirements Guidelines established pursuant to paragraph ( 1 ) shall not be inconsistent with the policies and procedures required under section 5318 ( l ) of title 31.

( 4 ) Definitions As used in this subsection, the term creditor ( A ) means a creditor, as defined in section 1691a of this title, that regularly and in the ordinary course of business ( i ) obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction ; ( ii ) furnishes information to consumer reporting agencies, as described in section 1681s2 of this title, in connection with a credit transaction ; or ( iii ) advances funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the personf ) Prohibition on sale or transfer of debt caused by identity theft ( 1 ) In general No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft. 

( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). 

( XXXX ) Rule of construction Nothing in this subsection shall be construed to prohibit ( A ) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. 
( g ) Debt collector communications concerning identity theft If a person acting as a debt collector ( as that term is defined in subchapter V ) on behalf of a third party that is a creditor or other user of a consumer report is notified that any information relating to a debt that the person is attempting to collect may be fraudulent or may be the result of identity theft, that person shall ( 1 ) notify the third party that the information may be fraudulent or may be the result of identity theft ; and ( 2 ) upon request of the consumer to whom the debt purportedly relates, provide to the consumer all information to which the consumer would otherwise be entitled if the consumer were not a victim of identity theft, but wished to dispute the debt under provisions of law applicable to that person. 
( h ) Duties of users in certain credit transactions ( 1 ) In general Subject to rules prescribed as provided in paragraph ( 6 ), if any person uses a consumer report in connection with an application for, or a grant, extension, or other provision of, credit on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person shall provide an oral, written, or electronic notice to the consumer in the form and manner required by regulations prescribed in accordance with this subsection. 

( XXXX ) Timing The notice required under paragraph ( 1 ) may be provided at the time of an application for, or a grant, extension, or other provision of, credit or the time of communication of an approval of an application for, or grant, extension, or other provision of, credit, except as provided in the regulations prescribed under paragraph ( 6 ) ( 2 ) Form A consumer may specify pursuant to paragraph ( 1 ) that disclosures under section 1681g of this title shall be made ( A ) in person, upon the appearance of the consumer at the place of business of the consumer reporting agency where disclosures are regularly provided, during normal business hours, and on reasonable notice ; ( B ) by telephone, if the consumer has made a written request for disclosure by telephone ; ( C ) by electronic means, if available from the agency ; or ( D ) by any other reasonable means that is available from the agency. The companies in Questions are XXXX, for not blocking the information have more then XXXX reports never knowledge the reports and the ftc reports I had on file ) Persons accompanying consumer The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumers file in such persons presence ) In general.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 which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. 
( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( 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 may 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 ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] these account they are holding for some reason when I did my homework find out these companies never reach out or did not do proper fair Investagation on my file in making sure they had accurate information reporting. they were neglect in handling my personal information which each companies has data breach and file to notify me of so. im seeking finanical relife from each companies seeking damages for emotional stress and risk I had took with my children everyday I had to spend on the phone to clear my name and denial for housing for my childrenb ) Penalties and liabilities. 

( 1 ) Sections 702 ( g ) and 706 ( a ) and ( b ) of the Act provide that any creditor that fails to comply with a requirement imposed by the Act or this regulation is subject to civil liability for actual and punitive damages in individual or class actions. Pursuant to sections 702 ( g ) and 704 ( b ), ( c ), and ( d ) of the Act, violations of the Act or this regulation also constitute violations of other federal laws. Liability for punitive damages can apply only to nongovernmental entities and is limited to {$10000.00} in individual actions and the lesser of {$500000.00} or 1 percent of the creditor 's net worth in class actions. Section 706 ( c ) provides for equitable and declaratory relief and section 706 ( d ) authorizes the awarding of costs and reasonable attorney 's fees to an aggrieved applicant in a successful ( 2 ) As provided in section 706 ( f ), a civil action under the Act or this regulation may be brought in the appropriate United States district court without regard to the amount in controversy or in any other court of competent jurisdiction within two years after the date of the occurrence of the violation, or within one year after the commencement of an administrative enforcement proceeding or of a civil action brought by the Attorney General of the United States within two years after the alleged violation. 

( XXXX ) If an agency responsible for administrative enforcement is unable to obtain compliance with the Act or this regulation, it may refer the matter to the Attorney General of the United States. If the Board, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, or the National Credit Union Administration has reason to believe that one or more creditors have engaged in a pattern or practice of discouraging or denying applications in violation of the Act or this regulation, the agency shall refer the matter to the Attorney General. If the agency has reason to believe that one or more creditors violated section 701 ( a ) of the Act, the agency may refer a matter to the Attorney General ( 6 ) Credit history. To the extent that a creditor considers credit history in evaluating the creditworthiness of similarly qualified applicants for a similar type and amount of credit, in evaluating an applicant 's creditworthiness a creditor shall consider : im asking the information on my file be remove asap see attachmentsXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX see attachment for the accounts I reporting all accounts listed in the reports including inquiry im asking to update and remove all information your have and my file with out my consent.