Consumer complaint received 2024-06-29
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)

According to the Fair Credit Reporting Act, 15 USC 1681 section 602, there is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for consumers ' right to privacy. As a consumer, I have the right to ensure my private information is not shared, as backed by 15 USC 6801, which states it is the policy of Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and protect the security and confidentiality of their nonpublic information. XXXX ( XXXX  XXXX ) is a financial institution by definition under this title. 

Pursuant to 15 USC 1681a, ( 2 ) Exclusions : ( A ) ( i ) a report containing information solely about transactions or experiences between the consumer and the person making the report ; reporting transaction history is illegal. Per 15 USC 1681b, permissible purposes of consumer reports are in accordance with the written instructions of the consumer to whom it relates. I never gave written instructions authorizing the creditor to send my personal information to any credit bureau. XXXX did not obtain my consent to add anything to my consumer report, which is a violation of the Fair Credit Reporting Act. 

According to P.L. 90-321 ( 82 Stat. 146 ), any agency can only obtain my consumer report in response to a request by the head of a state or local child support enforcement agency ( or a state or local government official authorized by the head of such an agency ). 15 USC 1681 section 604, section 2, states that any consumer reporting agency may furnish a consumer report only in accordance with the written instructions of the consumer to whom it relates. XXXX and the consumer reporting agencies do not have my consent to furnish this information and do not have my written consent. Any and all consent to XXXX, whether verbal, non-verbal, written, implied, or otherwise, is revoked. 

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 they can exercise their nondisclosure option. XXXX never informed me of my right to exercise my nondisclosure option. 

Additionally, 15 USC 1681c ( a ) ( 5 ) states, except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing adverse information older than seven years. These accounts are adverse items being reported again without my permission, which is against the law.

15 USC 1681s-2 ( a ) ( 1 ) states a person shall not furnish any information relating to a consumer to a reporting agency if the person knows or has reasonable cause to believe the information is inaccurate. 15 USC 1681e states every consumer reporting agency shall maintain reasonable procedures to avoid violations of section 1681c and limit the furnishing of consumer reports to the purposes listed under section 1681b. XXXX is not maintaining reasonable procedures. 

This debt has been charged off by the original creditor, which means the debt has been paid and is considered income. Since a charge-off is considered income, it must be removed. Income can not be reported on credit files.

Additionally, 12 CFR 1016.7 states a consumer may exercise the right to opt out at any time. I am opting out of your reporting services.

I, therefore, request that you immediately delete the items specified above from my consumer file with your agency. Failure to do so will require that I take appropriate legal action. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX