Consumer complaint received 2024-03-28
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. (FL)

I am writing to file a formal complaint regarding the inaccurate reporting of several accounts on my consumer report by EXPERIAN. The accounts in question include XXXX XXXX, XXXX XXXX, XXXX, and XXXX. Additionally, there are questionable inquiries from XXXX on the date XX/XX/XXXX and XXXX on the date XX/XX/XXXX. 
The reporting of these accounts not only violates the Privacy Act of 1974 but also raises concerns about numerous other violations. I intend to address each violation and the corresponding laws that XXXXhas infringed upon in reference to my consumer report and my rights as a consumer.

Firstly, the inclusion of the XXXX account on my consumer report violates the Family Educational Rights and Privacy Act of 1974 ( 34 CFR part 99 ). According to 34 CFR part 99.30, educational institutions are prohibited from disclosing personally identifiable information from education records without the student 's consent.

Moving forward, the reporting of inaccurate or unauthorized information by EXPERIAN constitutes a violation of the Fair Credit Reporting Act ( FCRA ). Under the FCRA, consumer reporting agencies are required to ensure the accuracy and integrity of the information they report.

Furthermore, the questionable inquiries from XXXX XXXX  and XXXX raise concerns about unauthorized access to my credit report, which is protected under the FCRA. 

I demand that EXPERIAN rectify these violations immediately by : Removing the inaccurate XXXX account from my consumer report. Conducting a thorough investigation into the accuracy of all reported information. Ceasing any unauthorized inquiries and providing documentation of the permissible purpose for each inquiry.

Now, the presence of the XXXX account on my consumer report violates the Family Educational Rights and Privacy Act of 1974 ( 34 CFR part 99 ). Specifically, 34 CFR part 99.30 mandates that " The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student 's education records, except as provided in The written consent must : ( 1 ) Specify the records that may be disclosed ; ( 2 ) State the purpose of the disclosure; and ( 3 ) Identify the party or class of parties to whom the disclosure may be made.

I have neither verbally nor in writing provided EXPERIAN or XXXX with consent or authorization to disclose my personally identifiable information to any third parties. This constitutes a blatant violation of 34 CFR 99.30. I demand that EXPERIAN immediately delete every XXXX account reported on my consumer report. 

It's imperative to underscore the significance of protecting my nonpublic information, as delineated in 15 USC 6801, 15 USC 6802, 15 USC 6803, 15 USC 6804, and 15 USC 6805. EXPERIAN, along with the furnishers reporting on my consumer report, is not only selling my nonpublic information to third parties without my consent but also engaging in the continuous securitization of my nonpublic personal information for profit. This egregious conduct must cease immediately. Their actions have left me feeling vulnerable and violated. The XXXX inquiries and the accounts mentioned above constitute a violation of section 604 of the Fair Credit Reporting Act ( 15 USC 1681b ), which explicitly states that consumer reports should only be accessed for the sole purpose of child support payments, and no other reason.SEC. 604. [ 15 U.S.C. 1681b ] ( a ) IN GENERAL.Subject to subsection ( c ) of this section, any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments or determining the appropriate level of such payments ; ( B ) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; ( C ) the person has provided at least 10 days prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested ; and ( D ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.

( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. XXXX, XXXX accounts are not only reported as charged off by EXPERIAN but also include transaction history, a practice contrary to IRS Publication 525, which stipulates that all charged-off debts are reported as income to the IRS. Since furnishers have submitted a 1099C for these accounts, categorizing them as certificate of indebtedness and charging them off as business expenses, it is unlawful to report income on a consumer report. Such reporting of transaction history constitutes a violation of the Privacy Act of 1974.

Consequently, I demand that EXPERIAN promptly removes all accounts reporting as charged off. Furthermore, I insist that EXPERIAN immediately updates each account, including XXXX XXXX, XXXX XXXX, XXXX, and XXXX, as " DELETED. " According to 1681 c-2 of the Fair Credit Reporting Act ( FCRA ), EXPERIAN is required to address these concerns within XXXX days of receiving initial notice from me, the consumer. As a Federally Protected Consumer, I am exercising my right to opt out of any and all authorization and reporting of accounts on my consumer report. Pursuant to 15 USC 6802, my consent may have been provided in written, unwritten, verbal, or non-verbal form. Therefore, I demand immediate action to cease all authorization and reporting activities related to my consumer report.12 CFR 1022.22 Section 5 ( b ) ( c ) ( b ) Duration of opt-out. The election of a consumer to opt out must be effective for a period of at least five years ( the opt-out period ) beginning when the consumer 's opt-out election is received and implemented, unless the consumer subsequently revokes the opt-out in writing or, if the consumer agrees, electronically. An opt-out period of more than five years may be established, including an opt-out period that does not expire unless revoked by the consumer.

( c ) Time of opt-out. A consumer may opt out at any time.

12 CFR 1022.24 section 5 5 ) By including in a privacy notice. The opt-out notice is included in a Gramm-Leach-Bliley Act privacy notice. The consumer is allowed to exercise the opt-out within a reasonable period of time and in the same manner as the opt-out under that privacy notice.

12 CFR 1022.25 ( a ) In general. You must not use eligibility information about a consumer that you receive from an affiliate to make a solicitation to the consumer about your products or services, unless the consumer is provided a reasonable and simple method to opt out, as required by 1022.21 ( a ) ( 1 ) ( ii ) of this part.

( b ) Examples ( 1 ) Reasonable and simple opt-out methods. Reasonable and simple methods for exercising the opt-out right include : ( i ) Designating a check-off box in a prominent position on the opt-out form ; ( ii ) Including a reply form and a self-addressed envelope together with the opt-out notice ; ( iii ) Providing an electronic means to opt out, such as a form that can be electronically mailed or processed at a Web site, if the consumer agrees to the electronic delivery of information ; ( iv ) Providing a toll-free telephone number that consumers may call to opt out ; or ( v ) Allowing consumers to exercise all of their opt-out rights described in a consolidated opt-out notice that includes the privacy opt-out under the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq., the affiliate sharing opt-out under the Act, and the affiliate marketing opt-out under the Act, by a single method, such as by calling a single toll-free telephone number.

( 2 ) Opt-out methods that are not reasonable and simple. Reasonable and simple methods for exercising an opt-out right do not include ( i ) Requiring the consumer to write his or her own letter ; ( ii ) Requiring the consumer to call or write to obtain a form for opting out, rather than including the form with the opt-out notice ; ( iii ) Requiring the consumer who receives the opt-out notice in electronic form only, such as through posting at a Web site, to opt out solely by paper mail or by visiting a different Web site without providing a link to that site.

( c ) Specific opt-out means. Each consumer may be required to opt out through a specific means, as long as that means is reasonable and simple for that consumer.

12 CFR 1022.43 ( a ) ( 4 ) ( a ) General rule. Except as otherwise provided in this section, a furnisher must conduct a reasonable investigation of a direct dispute if it relates to : ( 4 ) Any other information contained in a consumer report regarding an account or other relationship with the furnisher that bears on the consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.

15 USC 1681 ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTINGThe Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

( b ) REASONABLE PROCEDURES It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.

15 1681 c-2 BLOCKExcept as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.

( b ) NOTIFICATION A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.

15 U.S. Code 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( 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 given an explanation of how the consumer can exercise that nondisclosure option.

FCCPA, Chapter 559 of the Florida Statutes Prohibited practices generally.In collecting consumer debts, no person shall : ( 1 ) Simulate in any manner a law enforcement officer or a representative of any governmental agency.

( 2 ) Use or threaten force or violence.

( 3 ) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtors reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection ( 6 ).

( 4 ) Communicate or threaten to communicate with a debtors employer before obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection. However, this does not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained.

( 5 ) Disclose to a person other than the debtor or her or his family information affecting the debtors reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false.

( 6 ) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made before such dispute has been asserted and written notice is received from the debtor that any part of the debt is disputed, and if such dispute is reasonable, the person who made the original disclosure must reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days.

( 7 ) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.

( 8 ) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family.

( 9 ) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist.

( 10 ) Use a communication that simulates in any manner legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, governmental agency, or attorney at law, when it is not.

( 11 ) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments that only attorneys are authorized to prepare.

( 12 ) Orally communicate with a debtor in a manner that gives the false impression or appearance that such person is or is associated with an attorney.

( 13 ) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor.

( 14 ) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts.

( 15 ) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents if requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt.

( 16 ) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to XXXX, XXXX XXXX  or XXXX, XXXX XXXX. 
( 17 ) Communicate with the debtor between the hours of XXXX XXXXXXXX and XXXX XXXX in the debtors time zone without the prior consent of the debtor.

( a ) The person may presume that the time a telephone call is received conforms to the local time zone assigned to the area code of the number called, unless the person reasonably believes that the debtors telephone is located in a different time zone.

( b ) If, such as with toll-free numbers, an area code is not assigned to a specific geographic area, the person may presume that the time a telephone call is received conforms to the local time zone of the debtors last known place of residence, unless the person reasonably believes that the debtors telephone is located in a different time zone.

( 18 ) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the debtors attorney fails to respond within 30 days to a communication from the person, unless the debtors attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication.

( 19 ) Cause a debtor to be charged for communications by concealing the true purpose of the communication, including collect telephone calls and telegram fees.