Consumer complaint received 2024-05-13
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)

CFPB, Consumer Reporting Agencies ; XXXX, EXPERIAN, XXXX have reported inaccuracies dating back to XXXX. 

The most current consumer reports of I, the consumer in principal, dated XXXX, furnished by XXXX, EXPERIAN, XXXX, display a significant amount of inaccuracies. 

In confirmation of Data Breach ( s ) ( closed and active ) ; due to the negligence of security enforcement and protection of my nonpublic personal information, it has been found that my nonpublic personal information has been compromised, as the information retrieved from XXXX, EXPERIAN, XXXX by my private-estate-trusts ; managing agent for the principal, ( I, the consumer, attorney-in-fact ; having Power of Attorney ) has been investigated and this phase of investigations has concluded. 

These listed consumer reporting agencies have reported inaccuracies of my nonpublic personal information to consumer agencies, persons, companies, banks, depositories, broker-dealers, servicers, sellers, investors, and institutions; putting my principal, credit, and security ( s ) at risk of criminal interest and negatively affecting my consumer credit profile. 
[ ( Pub. L. 111203, title X, 1021, July 21, 2010, 124 Stat. 1979. ) ] [ 12 U.S. Code 5511 ] - [ Purpose, objectives, and functions ; ( a ) Purpose The Bureau shall seek to implement and, where applicable, enforce Federal 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 Bureau 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 consumers are provided with timely and understandable information to make responsible decisions about financial transactions ; consumers are protected from unfair, deceptive, or abusive acts and practices and from discrimination ; outdated, unnecessary, or unduly burdensome regulations are regularly identified and addressed in order to reduce unwarranted regulatory burdens ; Federal consumer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 markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation. ] [ ( Pub. L. 106102, title V, 503 ) ] [ 15 U.S.C. 6803 ] - [ Disclosure of institution privacy policy ; SEC. 503. DISCLOSURE OF INSTITUTION PRIVACY POLICY. ( a ) DISCLOSURE REQUIRED. 
At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 504, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 502, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. Such disclosures shall be made in accordance with the regulations prescribed under section 504. ( b ) INFORMATION TO BE INCLUDED.The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 502 of this subtitle, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 502 ( e ) ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 501 ; and ( 4 ) the disclosures required, if any, under section 603 ( d ) ( 2 ) ( A ) ( iii ) of the Fair Credit Reporting Act. ] [ ( Pub. L. 106102, title V, 502 ) ] [ 15 U.S. Code 6802 ] - [ Obligations with respect to disclosures of personal information ; ( b ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( c ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

[ ( 76 FR 79028, Dec. 21, 2011, as amended at 79 FR 64081, Oct. 28, 2014 ; CFPB-2016-0032, 83 FR 40959, Aug. 17, 2018 ) ] [ 12 CFR 1016.7 ] - Form of opt out notice to consumers ; opt out methods; ( a ) ( 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. ] Per the Fair Credit Reporting Act [ 12 CFR 1016.7 ( a ) ( 1 ) ( i ) ( ii ) ( iii ) ], [ 15 U.S.Code 6803 ] and [ 15 U.S. Code 6802 ( b ) ( c ) ], I ; a protected consumer, have permanently Opt-Out of all authorizations that I unknowingly gave all persons, company, banks, institutions, creditor and seller including their affiliated and nonaffiliated buying third party agencies, whether it be in writing, verbal, and nonverbal electronic consent by default of the unfair, deceptive, abusive acts and practices via [ 12 U.S. Code 5511 ( b ) ( 1 ) ( 2 ) ] that these listed consumer agencies, persons, companies, banks, institutions, depositories, broker-dealers, servicers, sellers, investors nonaffiliated and affiliated partnered third parties have orchestrated.

[ 17 CFR 240.15c1-2 ] - [ Fraud and misrepresentation.

( a ) The term manipulative, deceptive, or other fraudulent device or contrivance, as used in [ section 15 ( c ) ( 1 ) of the Act ( section 2, 52 Stat. 1075 ; 15 U.S.C. 78o ( c ) ( 1 ) ], is hereby defined to include any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 

( b ) The term manipulative, deceptive, or other fraudulent device or contrivance, as used in [ section 15 ( c ) ( 1 ) of the Act ], is hereby defined to include any untrue statement of a material fact and any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, which statement or omission is made with knowledge or reasonable grounds to believe that it is untrue or misleading. ] According to [ 15 U.S. Code 1681 sec 602 ( 4 ) ], 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. In addition, [ 15 U.S. Code 6801 ] - Protection of nonpublic personal information ; ( a ) Privacy obligation policy ; 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 ; ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards to insure the security and confidentiality of customer records and information ; to protect against any anticipated threats or hazards to the security or integrity of such records ; and to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

The persons, companies, banks, financial institutions,
affiliate and nonaffiliates, as stated in accordance with [ 15 U.S. Code 6801 ( 1 ) ( 2 ) ( 3 ) ], that has transferred my nonpublic personal information to persons, companies, banks, institutions, etc as described in [ section 1843 ( k ) of title 12 ].

To obtain a relationship for goods and services, the buyer ( customer-consumer ) is required to furnish their name and social security number to the seller to claim consent of goods and services, when it is unlawful to deny any individual consumer the right, benefit or privilege of goods and services, if the social security number is chosen by the consumer not to be disclose. [ 5 U.S. Code 522a note sec. 7 ( a ) ( 1 ) ] By fact of record my social security number ( ssn ) is used on a application for goods and services, creating a bartered contract, that is exchange for a receivable, that became a transferable security, that the persons, companies, banks, institutions, depositories, broker-dealers, servicers, investors, sellers, affiliates and nonaffiliates choose to pool, sell, and trade on a centralized exchange markets by depository institutions systems as book-entry accounts from individual customers. My name and social security number is a promise to pay or a bond receivable/note when any application for any goods or/and services is created. 

Most individual customers use the ssn and most individuals are customers by being consumers. Most goods and services connect the customer with a commercial instrument, and an individual consumer as the customer, with an application ( paper and/or electronically formed and submitted ). The individual and the consumer are considered the same, as one, on the application. The beneficial link of primary monetary value is the individual ssn as one in the same with the consumer name as the note, promise to pay or bond receivable, and now a marketable security with the monthly statement/bill of account from goods or services as an example. 

Unfair and deceptive acts by the creator of the application allows for the seller to ultimately take an application and transfer/sell it to a third party multiple times by taking the power of attorney from the buyer in the original contract/bartered agreement. Every application document from childhood through adulthood ( approved or denied, open or closed ) warranted or not, is now a business and commercial document. Applicable too, including ; social security, internal revenue service, security exchange commission, the electronic funds transfer act, regulations and laws thereof in terms and agreements by each listed institutions prospectus filing and securities reporting. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, EXPERIANXXXX EXPERIAN XXXX, EXPERIAN XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

According to the Privacy Act of 1974 [ 5 U.S. Code 552 ( a ) ] my personal nonpublic record and the conditions of disclosure have been violated.

[ 15 U.S.Code 1681 ( b ) - 604 ] - [ Permissible purposes of consumer reports ; ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ] I, the consumer ( attorney-in-fact ), have not produced a document giving written consent and the furnishers of my reports does not have my affirmation ( written consent ) to furnish my nonpublic personal information to third party companies, institutions, nonaffiliates and affiliates, that it be inaccurate.

Furthermore, any inaccurate reporting to any and all consumer reporting agencies must be updated and report accurate nonpublic personal information, including payment history, amounts owed, length of credit history, new credit, and types of credit, name, address, and phone connected with the social security number of the principal, federal protected consumer.

The inaccuracies that the consumer reporting agencies ( Experian, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX report, must reflect consistent accuracy regarding my nonpublic personal information.

[ 15 U.S. Code 1681c ] - [ Requirements relating to information contained in consumer reports ( a ) Information excluded from consumer reports ; Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.

Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

[ 15 U.S. Code 1681s-2 ] - Responsibilities of furnishers of information to consumer reporting agencies ; ( a ) Duty of furnishers of information to provide accurate information ; Prohibition ; ( A ) Reporting information with actual knowledge of errors 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. ] All listed persons, companies, banks, institutions, consumer reporting agencies, affiliates and nonaffiliated third parties present evidence of consistent violations of my inaccurate nonpublic personal information being reported. 

[ 15 U.S. Code 1681e ] - [ Compliance procedures ; ( a ) Identity and purposes of credit users ; 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ] [ 16 CFR 433.3 ( b ) ] - [ Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX XXXX from requirements of 433.2 ( a ). 

( b ) Definitions. The following definitions apply to this exemption : ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.

( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. ] [ 16 CFR 433.2 ] - [ Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices ; In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : { NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. } ] [ 16 CFR 433.1 ] - [ Definitions ; ( a ) Person. An individual, corporation, or any other business organization.

( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use.

( c ) Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer. 

( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement.

( e ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z.

( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof.

( g ) Business arrangement. Any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof. 

( h ) Credit card issuer. A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. 

( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section.

( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. ] The consumer rights, as a victim of any data breach and antitrust laws through the performances in securitization, the monopolies of my business instruments and commercial documents ( estimated- {>= $1,000,000}/ without interest fees and collateral damages ), and fraud thereof the persons, companies, banks, institutions and their affiliated and nonaffiliated partners ; [ 12 CFR 324.41 ] and [ 17 CFR 246.2 ], must be enforced.

Per [ 16 CFR 433.3 ( b ) ( 2 ) ( 4 ) ], [ 16 CFR 433.2 ( b ) ], and [ 16 CFR 433.1 ] as the holder of any consumer credit contract in principal, I invoke my consumer right to protect my nonpublic personal information and the accuracy of reporting to consumer reporting agencies of any and all my account ( s ).

Salutations, Consumer-Principal-attorney-in-fact