Consumer complaint received 2024-05-17
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. (CT)

This formal complaint is against XXXX, Experian, and XXXX for non-compliance with federal laws and regulations governing credit reporting and the protection of consumer information. Specifically, this complaint addresses violations of 15 U.S. Code 1681o, the Privacy Act of 1974 ( 5 U.S. Code 552a ), and regulations enforced by the CFPB under 15 U.S. Code 6805, as well as 15 U.S. Code 1681c and 12 CFR 1016.1.

Nature of Complaint Violations of 15 U.S. Code 1681o and 15 U.S. Code 1681c : 15 U.S. Code 1681o ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure ; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

15 U.S. Code 1681c : Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 

XXXX, Experian, and XXXX has been reporting charged-off accounts and collections on my credit report, which is considered nonpublic information. According to IRS Publication 4681 ( 2023 ), " Canceled Debts, Foreclosures, Repossessions, and Abandonments, '' canceled or forgiven debts are considered income for tax purposes. Reporting this income without my consent is a violation of my rights under 15 U.S. Code 1681o.

Violations of the Privacy Act of 1974 ( 5 U.S. Code 552a ) XXXX, Experian, and XXXX has disclosed nonpublic personal information without my written consent. I have never given permission for my nonpublic information to be reported to any third party. This constitutes a violation of the Privacy Act of 1974.

Violations of 15 U.S. Code 6802 and 12 CFR 1016.1 : 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 provide 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.

( b ) Scope.

( 1 ) This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family, or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions and other persons for which the Bureau of Consumer Financial Protection ( Bureau ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( A ) of the Gramm-Leach-Bliley Act ( GLB Act ) ( 15 U.S.C. 6804 ( a ) ( 1 ) ( A ) ). Specifically, this part applies to any financial institution and other covered person or service provider that is subject to Subtitle A of Title V of the GLB Act, including third parties that are not financial institutions but that receive nonpublic personal information from financial institutions with whom they are not affiliated. This part does not apply to certain motor vehicle dealers described in 12 U.S.C. 5519 or to entities for which the Securities and Exchange Commission or the Commodity Futures Trading Commission has rulemaking authority pursuant to sections 504 ( a ) ( 1 ) ( A ) - ( B ) of the GLB Act ( 15 U.S.C. 6804 ( a ) ( 1 ) ( A ) - ( B ) ). Except as otherwise specifically provided herein, entities to which this part applies are referred to in this part as you. 

XXXX, Experian, and XXXX has failed to give the opportunity to opt-out of such disclosures, nor was I provided with an explanation of how to exercise this nondisclosure option, as required by law. 

The CFPB is responsible for enforcing regulations under this section, and XXXX, Experian, and XXXX has failed to comply with these regulations, leading to the unauthorized disclosure of my nonpublic information. 
15 U.S.C. 6805 Subject to subtitle B of the Consumer Financial Protection Act of 2010, this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law I formally exercise my right to opt-out of the reporting of any and all charged-off accounts and collection accounts to any third parties, including credit reporting agencies. This opt-out request is made under the provisions of 15 U.S. Code 6802, which grants me the right to direct that my nonpublic personal information not be disclosed without my explicit consent.

I hereby explicitly state that I do not consent to the reporting, sharing, or disclosure of any charged-off accounts or collection accounts associated with my name, Social Security number, or any other personal identifiers, in any formwhether verbally, in writing, or electronically.

Request for Relief For these egregious violations, I am requesting the following actions be taken immediately : Immediate Removal : Remove all charged-off accounts and collections from my credit report. 

Compensation : I seek compensation for each month that XXXX, Experian, and XXXX has violated my rights under the FCRA. This compensation amounts to {$1000.00} per violation, totaling {$12000.00} for each month it was reported. 

Corrective Actions : Implement measures to ensure future compliance with all applicable federal laws and regulations regarding credit reporting and the protection of consumer information. 

These violations have caused significant damages and stress, affecting my financial stability and personal well-being. I expect a swift resolution to this matter and a formal response within 30 days of receipt of this complaint. Failure to address these issues promptly will leave me no choice but to pursue further legal action. 

Thank you for your attention to this serious matter.