Consumer complaint received 2024-04-09
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. (FL)

I have contacted Experian before requesting the removal of certain records on my report. Per 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.

And 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

I have not provided any written requests to share my information with any other agency. Thus, Experian is violating these laws.

In addition to the laws referenced, per 15 U.S. Code 1681a - Definitions ; rules of construction, a " consumer '' is defined as an individual, and a " person '' is defined as any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. A " consumer report '' is denied as 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. 
The " consumer report '' does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. As you may very well see, in two different laws and codes, transaction history reporting is ILLEGAL, therefore I am requesting the removal of all balance amounts from all accounts on my report. 

XXXX : XXXX XXXX : XXXX XXXX : XXXX BANK : XXXX XXXX BANK XXXX XXXX XXXX : XXXX  : XXXX XXXX XXXX XXXXXXXX O : XXXX  XXXX XXXX  CARD JPMCB CARD 15 U.S. Code 1681b - Permissible purposes of consumer reports 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. 
They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 

I have not provided any written instructions to any consumer reporting agency. 

15 U.S. Code 1681c - Requirements relating to information contained in 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 : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation Please remove : XXXX Also, please remove all XXXX  LOAN information as per the Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) XXXX a federal law enacted XXXX that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping : ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization.

In addition to the above, 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.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.

If you fail to comply : 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 ; AND 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) 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. 
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 

I request that Experian take care of this matter as quickly as possible. No law states we have to wait 30 days to update the report. 

I have uploaded a copy with my report from Experian with highlighted sections to reference what was written.