Consumer complaint received 2024-06-05
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. (MI)

I am a federally protected consumer and I HAVE RIGHTS clearly outlined in the Fair Credit Reporting Act, 15 USC 1681 and I am aware of MY RIGHT TO PRIVACY under 15 USC 1681A ( 4 ). 

This is I XXXX XXXX writing this letter and NOT a third-party agency. PLEASE, DO NOT SEND ME A COMPUTER-GENERATED RESPONSE LETTER, THAT WOULD NOT BE A RESONABLE PROCEDURE AND WOULD CONSTITUTE A WILFULL VIOLATION that could lead to even more damages up to {$1000.00} implied and MUCH MORE when actual damages occur.

I am attempting to settle this inaccurate matter privately, NOW.

**ONLY ADD THE LINE BELOW IF ONE AGENCY SAYS ITs PAID AND ANOTHER SAYS IT LATE *DELETE** Clearly outlined within 15 USC 1681s-2 and more importantly 15 USC 1681e ( b ) , it is VITAL that credit reporting agencies maintain 100 % accurate records, as the banking system depends on it.

I received a copy of my credit report ( s ) from Experian and XXXX and noticed an account that needs to be immediately Update to PAID AS AGREED. It is as follows : XXXX XXXX XXXX XXXX XXXX has violated my consumer rights, which is noted below in 15 USC 6802.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information, THE LAW CLEARLY STATES : ( b ) OPT OUT ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) Such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( 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 explained how the consumer can exercise that nondisclosure option. 

A. CREDIT ACCEPTANCE DID NOT disclose to me the consumer that the information reported would be disclosed to the third party the consumer reporting agencies. 

B. CREDIT ACCEPTANCE DID NOT give me an opportunity to direct such information not be disclosed. 

XXXX XXXX XXXX DID NOT give me, the consumer, an explanation of how I could exercise the non-disclosure option. 

The law basically states if ALL XXXX of these disclosures were not provided to me that this is a direct violation of the law and I have the right to exercise OPTING OUT. 

ALL these 3 disclosures were NOT MET, therefore, I am demanding to OPT OUT of having my information reported and demanding the reporting information to BE UPDATED TO PAID AS AGREED on my consumer report OR I may seek to take legal action against your agency for willfully violating the law after I've clearly explained to you how you've violated me. MULTIPLE VIOLATIONS of 15 USC 1681n- willful non-compliance is well in play here, {$1000.00} per instance of implied damages and much more for actual damages as clearly outlined within the title.

Furthermore, it is crucial to understand the Fair Credit Reporting Act 's exclusion section, as it elucidates why these late payments should be immediately deleted ; The exclusion section, or 15 USC 1681a ( 2 ) A ( i ), explicitly states : " The term 'consumer report ' does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. '' It is unambiguously stated in the Fair Credit Reporting Act that transactions or experiences between the consumer and the reporting entity are to be excluded from a consumer report. As the consumer, I assert that your entity falls under the definition of a person as outlined in the FCRA. Therefore, the reported late payments, which pertain to transactions, are inappropriate for inclusion in a consumer report.

I am also damaged emotionally as this erroneous entry on my credit report is leaving my family practically homeless because I am unable to secure a mortgage due to this inaccurate information.

Im ALSO being violated in 15 USC 1666b- Timing of Payments.

THE LAW CLEARLY STATES : ( a ) Time to make Payments.

A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Show me proof that you followed this code or UPDATE TO PAID AS AGREED immediately. 

XXXX and Experian has violated my consumer rights AS WELL and violated federal law ; I have proof in 15 USC 1681B ( 2 ) of the Fair Credit Reporting Act, which is noted below, 15 USC 1681B ( 2 ) PERMISSABLE PERPOSE of consumer reports, THE LAW CLEARY STATES : ( 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 DID NOT give any agencies written authorization or written instructions to report this information.

You both have not only violated the Fair Credit Reporting Act, but YOUR agency has committed AGGRIVATED IDENTITY THEFT and I've sustained defamation of character. this matter escalate to court.

Because both your agencies have conspired against me collectively, you have both violated my rights under 18 USC 241 which is noted below.

18 U.S. Code 241 - Conspiracy against rights. 

You have 14 days to respond to upon receipt of this letter to let XXXX and Experian know the referenced items and send me a new letter notifying me that the information has been UPDATE TO PAID AS AGREED on XXXX and Experian and mail me a new copy of my report or I XXXX be seeking legal action against your agency for these damages.