Consumer complaint received 2024-02-28
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (MD)

On XX/XX/2024, I applied for an apartment at XXXX XXXX apartments, managed by XXXX XXXX. On XX/XX/2024, I was conditionally approved based on the information in my consumer report, causing me to have to pay {$4700.00} for a security deposit. On that same day, I also received an adverse action notice from a company called XXXX. I was able to get a copy of my report from XXXX, and noticed that Experian provided the report. First and foremost, consumer reporting agencies are not allowed to furnish reports on a consumer without the written instructions of the consumer. XXXX5 USC 1681b ( a ) ( 2 ). I never gave Experian instructions on what I wanted them to do with MY report. Consumer reporting agencies shall also have a solid reason to believe that the person requesting the report will use the report legally, and have a legitimate business need for the report, such as in connection with a business transaction, or to review an account. This apartment is for personal, family, and household purposes, NOT a business transaction. Nor did I have an account with XXXX prior to this. Therefore they do NOT have a legit business need to have access to my information. 15 USC 1681c ( a ) ( 4 ) and 15 USC 1681c ( a ) ( 5 ) states that collections, charged off accounts, or any adverse item of information are EXCLUDED from a consumer report. 15 USC 1681d ( d ) ( 4 ) also states that a consumer reporting agency SHALL NOT prepare or furnish a report that contains information that is adverse to the interest of the consumer unless the agency has followed reasonable procedures to obtain confirmation of the information from an additional source that has DIRECT knowledge of the information. There is no one who has direct knowledge of me or my affairs outside of ME! 15 USC 1681l clearly states that NO adverse information in the consumer report may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report. Neither Experian nor XXXX has verified this information with me during this process. It is clear that the FCRA calls for accurate verification before furnishing a report, however Experian and XXXX seem to overlook this important fact. 15 USC 1681d ( a ) states that a person may not procure or cause to be prepared a report unless it is clearly and accurately disclosed to the consumer that a report may be made. This disclosure shall include a statement informing the consumer of his right to request an additional disclosure on the nature and scope of the investigation, as well as a written summary of the consumer 's rights. They are also supposed to certify to the consumer reporting agency that they did in fact make the correct disclosures to the consumer. However, I never received this disclosure from XXXX nor XXXX XXXX, so not sure how this was certified, or confirmed to the CRA. 

Since XXXX XXXX ultimately took the action, they are required to notify me of the action and disclose the NATURE of the information by which the action was based. I did not get any of this information DIRECTLY from the apartment, or a representative from the apartment. The information that they are basing their decision on should not be information that is in my consumer report pursuant to 15 USC 1681m ( b ) ( 2 ) ( C ) ( ii ) ( II ). However they are stating that the action was based off of charge offs and " minor level of late credit payments '', both adverse information. Also not understanding how a " minor '' level of late payments is considered a negative thing. 

Finally, the apartment is charging more than 2 months of rent for a security deposit. According to Maryland XXXX XXXX, Md. XXXX, XXXX XXXX XXXX, the security deposit is not to exceed 2 months rent regardless of the number of tenants. The rent that I was approved for is {$1700.00}. However, they are charging me {$4700.00} for the security deposit in which {$500.00} of that has already been paid. So now I have {$4200.00} left to pay before move in, which is XX/XX/XXXX. If my rent is {$1700.00}, then 2 months rent would be a total of {$3500.00}. Even with the added trash fee of {$15.00}, this will bring the rent to {$1800.00} which would be {$3600.00} for 2 months of rent. So I am being charged an extra {$1100.00} for the security deposit which is utterly ridiculous.