Consumer complaint received 2024-03-22
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. (WI)

I am writing to file a formal complaint against XXXX, Experian, and XXXX, consumer reporting agencies, for their blatant disregard of the Fair Credit Reporting Act ( FCRA ), as well as my rights to privacy as a consumer. Additionally, I am highlighting the violation of the Family Educational Rights and Privacy Act ( FERPA ) regarding the reporting of my student loans by these agencies.

Despite the clear mandates outlined in the FCRA, FERPA, and the Privacy Act of 1974, these agencies have continuously mishandled my private information and inaccurately reported data without my consent.

According to Section 602 ( a ) of the FCRA ( 15 USC 1681 ), consumer reporting agencies are obligated to exercise their responsibilities with fairness, impartiality, and respect for consumer privacy. However, XXXX, Experian, and XXXX have failed to uphold these standards by improperly disclosing my nonpublic personal information without my written consent, as stipulated by Section 604 ( a ) ( 2 ) of the FCRA.

Furthermore, as financial institutions providing information to these consumer reporting agencies, [ Furnisher of information to credit agencies ], is mandated by 15 USC 6801 to respect the privacy of its customers and protect the security and confidentiality of their nonpublic personal information. However, they have failed to inform me of my right to exercise the nondisclosure option, as required by 15 USC 6802 ( b ) ( c ). I hereby formally request to exercise my right to opt out of any further disclosures of my nonpublic personal information, as outlined in 15 USC 6802 to 6805. 

In addition to the FCRA violations, the reporting of my student loans by XXXX, Experian, and XXXX constitutes a violation of the Family Educational Rights and Privacy Act ( FERPA ) of 1974. When I signed the student loan agreements, I also signed a privacy act form that should have protected my information from disclosure by third-party services. However, these agencies have disregarded these protections and have reported my student loan information without my explicit consent. 

Furthermore, under the Privacy Act of 1974, I am entitled to protections regarding the collection, use, and disclosure of personal information maintained by federal agencies. XXXX, Experian, and XXXX, by their actions, have failed to uphold these protections and have negligently handled sensitive consumer information. 

It is evident that XXXX, Experian, and XXXX are not upholding their responsibilities under the FCRA, FERPA, and the Privacy Act of 1974, and are negligently handling sensitive consumer information. Despite my right to opt out at any time, as stated in 12 CFR 1016.7, they have continued to disregard my requests to cease their reporting services.

Therefore, I am formally requesting that the Consumer Financial Protection Bureau investigate these violations and take appropriate action against XXXX, Experian, and XXXX. Additionally, I request that all unauthorized disclosures of my personal information, including my student loan information, be ceased immediately, and that any inaccuracies in their reporting be rectified in accordance with the FCRA, FERPA, and the Privacy Act of 1974.

Thank you for your prompt attention to this matter. I look forward to your swift action in resolving these issues and protecting the privacy rights of consumers.