Consumer complaint received 2024-03-22
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Experian Information Solutions Inc. (NY)

In accordance with the Fair Credit Reporting Act ( FCRA ) 15 USC 1681 section 602 ( a ), it is stated that " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX, and Experian are recognized as consumer reporting agencies, and as a consumer myself, I hold the right to ensure that my private information remains undisclosed, as supported by 15 USC 6801. This statute emphasizes that " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' Furnishers of information to credit agencies fall within the definition of a financial institution under this designation.

Moreover, according to 15 USC 1681 section 604 ( a ) ( 2 ), a consumer reporting agency may furnish a consumer report solely under the specified circumstances : " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' However, neither the financial institution nor the consumer reporting agencies, including XXXX, XXXX, and Experian, possess my consent to disclose this information, as I have not provided written authorization. If there were written authorization, I can only presume it was forged, raising concerns of identity theft. 

Moreover, 15 USC 6802 ( b ) ( c ) highlights that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Nevertheless, Furnishers of information to credit agencies failed to inform me of my right to exercise my nondisclosure option.

Additionally, 15 USC 1681C ( a ) ( 5 ) explicitly states that " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account constitutes an adverse item reported without my consent, which is prohibited by law.

Furthermore, according to 15 U.S. Code 1681s2 ( A ) ( 1 ), " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' XXXX and Experian are obligated to maintain reasonable procedures to avoid violations of section 1681c and to limit the furnishing of consumer reports to the purposes listed under section 1681b, as outlined in 15 U.S. Code 1681e.

Finally, 12 CFR 1016.7 provides that " A consumer may exercise the right to opt out at any time. '' Therefore, I am formally opting out of your reporting services.

Additionally, it is noteworthy that the investigation into this matter has extended beyond the statutory period of 30-45 days. Furthermore, I want to emphasize that a certified receipt from USPS, providing proof of delivery, has been uploaded. Due to the investigation surpassing the 45-day limit as stipulated under the Fair Credit Reporting Act, I demand the immediate removal of the following items from my credit report. This request is in accordance with 15 USC 1681i ( a ) ( 1 ) ( A ), which mandates the timely investigation and removal of inaccuracies from consumer credit reports. 

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