Consumer complaint received 2024-04-25
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. (GA)

EXPERIAN, XXXX, and XXXX have all violated the Privacy Act of 1974, the FCRA, as well as me the consumer I have notified all 3 corporations of this matter and they have still not yet complied which now puts all corporations under willful non compliance and puts them into civil liability being that I have already filed multiple disputes and complaints with the CfPB. I urge EXPERIAN XXXX, and XXXX to do their utmost due diligence and remedy this situation and stop violating my consumer rights and privacy as well as federal laws and codes. Under the Privacy Act of 1974 Important Definitions ( 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 The Privacy Act of 1974 then goes on to state : ( 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. 
Again they need prior written instruction of the individual to whom it relates. Which EXERIAN, XXXX, nor XXXX never had my consent and surely not my written consent. 

Any and all consent to EXPERIAN, XXXX, and XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 

Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( XXXX ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Either way EXPERIAN, XXXX, and XXXX have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974 There are also OPT OUT LAWS in place to further protect the privacy of consumers. 
PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope.

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to prov
ide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.

Every company owes the consumers a privacy notice before they furnish any information to our consumer report.

The Law says under 12 CFR 1016.4 Initial privacy notice to consumers required.

( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( 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 reas
onable means by which the consumer may exercise the opt out right.

15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. XXXX Never informed me of my right to exercise my nondisclosure option. As you can now understand the reporting of this account to my consumer report is not only a violation of FCRA and privacy act of 1974 but the LAW as well laws that were put in place to protect any information about a consumer that the consumer wishes to keep private and away from public record. EXPERIAN, XXXX, and XXXX have violated these Acts, Laws and Codes that were stated in this complaint and have been repeatedly put on notice about this matter. If EXPERIAN, XXXX, and XXXX continue to refuse to delete this account from my consumer report they will now be under civil liability due to the fact I have already informed all XXXX corporations of these matters and they have not yet complied with LAWS CODES and Acts they agreed to adhere in order to conduct business. 
I the consumer have the right to opt out of anything on my report at any time and the companies must comply as soon as reasonably practicable after I notify them. They have given me unreasonable means to opt out so I have had to write my own CFPB complaint directing them to stop reporting this account related to XXXX in accordance with the laws, acts, and codes listed above. Lastly 15 U.S. Code 1681e 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 and XXXX, are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of XXXX reporting services.