Consumer complaint received 2024-01-08
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. (NJ)

NOTICE TO OPT OUT OF REPORTING, DISCLOSING AND SHARING OF LOAN ACCOUNT LISTED BELOW TO THIRD PARTY NONAFFILIATED THIRD PARTIES ( EXPERIAN, XXXX, XXXX XXXX XXXX. ) To : XXXX, Experian, et al. 
From : XXXX XXXX Date : XX/XX/XXXX RE : Notice to Opt Out as per XXXX XXXX XXXX XXXX ; XXXX CFR XXXX ; and the Privacy Act of XXXX XXXX XXXX XXXX On XX/XX/XXXX, I sent Affirm via certified mail XXXX XXXX XXXX XXXX XXXX XXXX a Notice to Cease and Desist reporting the loan account ending in XXXX to the credit reporting agencies. On XX/XX/XXXX, XXXX sent an email in response confirming that there is no obligation to repay the loan and that the account would be updated. 
However, this loan account is still showing on the credit report as a charge-off. As a charge off is considered income and as I previously exercised my rights to not have this account reported, I am now re-submitting a Notice to Opt Out to inform Affirm and nonaffiliated third parties such as Experian et al, that I am now and forever exercising my rights as a federally protected consumer to opt out of having my private financial information i.e. Affirm loan account XXXX disclosed, reported and shared. 
Any consent whether verbal, non-verbal, written that XXXX, Experian, assumed existed never existed. In addition, as a consumer, my rights were intentionally violated by XXXX and the nonaffiliated third parties ( Experian, et al ) as I was never provided with any conspicuous notice whether in electronic or paper format informing me of the right to opt out of any disclosures. 
I reiterate that this is not the first time, I have exercised my rights by requesting that XXXX and the nonaffiliate third parties cease and desist from reporting my non-public personal information. Therefore, by law XXXX loan account ending in XXXX must be immediately removed from the files of the nonaffiliated third parties Experian, et al within XXXX business hours. In addition, this correspondence and the prior correspondence will be entered into XXXX as evidence and used as a basis to seek enforcement, remedy and compensation for damages as I have repeatedly requested that my privacy not be violated by reporting, sharing and disclosing my confidential financial information without my written consent. 
This notice is also being filed with the Consumer Financial Protection Bureau because as XXXX XXXX XXXX provides : Subject to subtitle B of the Consumer Financial Protection Act of XXXX [ XXXX XXXX. XXXX et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX. 
According to XXXX XXXX XXXX ( a ), a financial institution such as XXXX has the continuing obligation to respect the privacy of its consumers and to protect the security and confidentiality of those consumers nonpublic personal information. This clearly did not happen in my case as XXXX without my knowledge and consent shared, reported and disclosed my confidential account numbers to various non-affiliates including but not limited to Experian et al. 
According to XXXX XXXX XXXX ( a ) Notice Requirements : a financial institution XXXX not disclose a consumers nonpublic personal information to a nonaffiliated third party unless notice is given. In ( XXXX ) ( A ) ( B ) ( C ) : the financial institution XXXX not disclose nonpublic personal information to a nonaffiliated third party unless the XXXX XXXX clearly and conspicuously discloses to the consumer in writing or in electronic form that the consumer has the right to exercise the nondisclosure option. Affirm never provided any notice explaining that I have the right to opt out but as the law provides me with this option I am exercising it anyway. 
The law in XXXX XXXX XXXX clearly states that I have the right to be notified of my right to opt out at the start of the relationship with the financial institution and not less than annually. Affirm never complied with this. 
According to XXXX CFR XXXX ( a ) Form of opt out notice to consumers ; opt out methods. XXXX ) Form of opt out notice. If you are required to provide an opt out notice under XXXX ( 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 XXXX exercise the opt out right. Furthermore XXXX XXXX ( XXXX ) under XXXX to comply with opt out states You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it and ( f ) XXXX right to opt out. A consumer XXXX exercise the right to opt out at any time. 
By not complying with the requirement to provide notices of disclosure and the right to opt out, XXXX has engaged in Unfair and Deceptive Practices. XXXX is thus obligated to comply with my notice to opt out by immediately ( within XXXX hours ) removing the loan account ending in XXXX from the files of the nonaffiliated third-party agencies Experian, XXXX. al. Affirm, and these nonaffiliated third parties are civilly liable for conspiring to violate my rights by not informing me of my rights to opt out.