Consumer complaint received 2024-03-20
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: Experian Information Solutions Inc. (GA)

The Fair Credit Reporting Act ( Title IV of the Consumer Credit Reporting Act - 15 USC 1681 ) was created as rulebook if you will, which outlines the acceptable parameters within which these credit reporting agencies, financial institutions, and data brokers/collection agencies must operate with regard for the sensitive consumer information that they possess whether direct or indirectly obtained. It also clearly identifies remedies and recourse for infractions that are perpetrated against the consumers and who is responsible for the overseeing and enforcing the well laid out dos and donts. These financial institutions and credit reporting agencies repeatedly test the waters by trying to violate our inherent rights to privacy as well as the right to fair and accurate reporting. Since these consumer reporting agencies ASSUMED the role which has been established as VITAL, I should then be able to ASSUME that they are going to adhere to the policy set forth by the Commission and take their responsibilities seriously. They have now even ventured into the realm of securities fraud when they started to securitize consumers data. In general, the additions of the Credit Card Act, The Dodd-Frank Act, Fair and Accurate Credit Transactions Act and even more recently the CARES Act only serve to reinforce consumer rights and add to the list of protected items that CAN NOT be included in any CONSUMER REPORT ( Definition of a Consumer Report is any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living ). The clear EXCLUSIONS, which I have included in more detail below, are TRANSACTION HISTORY OR EXPERIENCES between the consumer and whomever made the report, ANY ITEM OF ADVERSE INFORMATION other than convictions of crimes antedating the report by more than 7 years ( meaning LATE PAYMENTS, DEROGATORY MARKS ON THE ACCOUNT-ILLEGAL ), certain restrictions on Medical Debts/Obligations, ANY information identified by the consumer as fraudulent or resulting from identity theft ( of course following the provisions set by the agency/financial institution at the address specified to receive such information with supporting documentation that upon the receipt of which WILL REMOVE THE ITEMS OF FRAUD/ID THEFT BY BLOCKING SUCH INFORMATION NOT LATER THAN 4 BUSINESS DAYS AFTER RECEIPT ), and probably the biggest one- NOTHING CAN BE REPORTED WITHOUT WRITTEN CONSENT OF THE CONSUMER TO WHICH IT PERTAINS. I believe that falls under PERMISSIBLE PURPOSE. I do not remember giving written consent to any of the consumer reporting agencies allowing them to include ANY piece of information in my consumer report nor do have I ever given them the authorization to give sneak peaks of my consumer report to ANY company looking to provide me with a firm offer of credit or otherwise from the designated database list of consumers they keep for promotional inquiries. The number of times an unauthorized review occurred of my consumer report is astounding. The most disturbing element occurring here is the fact that these Credit Reporting Agencies are SECURITIZING CONSUMERS DATA on both the primary and secondary markets and then have the audacity to attempt to deny the consumers their most basic afforded right over their own data- THE RIGHT TO PRIVACY. Federal laws provide consumers the inarguable right to limit the sharing of any non public personal information to ANY non-affiliate 3rd party by way of an OPT OUT NOTICE that is to be provided at the time of account opening and again every 30 days thereafter which is to be adhered to immediately and indefinitely until otherwise indicated in writing by the consumer to which it pertains. Since adequate means of exercising my right to opt out of the sharing of my personal information was NOT provided to me by the financial institutions, I drafted a notice to each of the institutions noted in my complaint and sent it into the address indicated to receive such correspondence by registered mail. Key Points as well as the laws that govern everything I have stated above are below for your review. Key Takeaways ( 1. ) Unless it is verified that a company requesting my consumer report has written permission with my wet ink signature for a consumer reporting agency to release my consumer report, then all of the inquiries appearing on my report were obtained fraudulently and did not have PERMISSIBLE PURPOSE to acquire said report and I am demanding ALL INQUIRIES BE REMOVED IMMEDIATELY ( 2. ) Reporting transaction history/experiences on all the accounts contained in my consumer credit report is illegal and I am requesting that ALL PAYMENT HISTORY BE UPDATED TO PAID AS AGREED AND CORRESPONDING UTILIZATION RATES BE SET AT 10 % since I am not nor have I ever authorized this to be shared, and again, it is illegal to be included in my consumer report ( 3. ) I have the right to FAIR AND ACCURATE REPORTING of accounts and any and all information that is NOT COMPLETELY ACCURATE ACROSS ALL 3 OF THE CREDIT REPORTING AGENCIES BE UPDATED PER MY SPECIFICATIONS ON THE INCLUDED CONSUMER REPORT THAT I HAVE ANNOTED SHOWING THE INACCURACIES AND INCONSISTENCY IN MY INFORMATION ACROSS THE BOARD ( I have also included supporting documents which show one or more of the credit reporting agencies have removed certain information deemed to be inaccurate and the remaining agencies need to follow suite to update the information so that all my reports match ). ( 4. ) Since all derogatory information being reported other than convictions of crimes which antedate the report by more than 7 years is a VIOLATION of my rights under this Act, every late payment ( which is covered under transactions and experiences ) need to be removed immediately, as well as the singular collection account. Additionally, all accounts in CHARGE OFF STATUS need to be removed from my consumer report IMMEDIATELY since according to the IRS PUBLICATION 4681 and their definition of CERTIFICATE OF INDEBTEDNESS- any account with bad debt ( written off/charge off status/having a balance due ) is now considered INCOME and will need to be allocated as such so that I may file my federal income tax returns appropriately. A BALANCE DUE in a CHARGE-OFF STATUS CAN NOT be considered/reported as a BALANCE OWED on my consumer report when that amount has now become INCOME defined by the IRS CERTIFICATE OF INDEBTEDNESS . Period. In accordance with the IRS Publication 4681 the following accounts need to be removed from my consumer report- XXXX XXXX XXXX and ED FINANCIAL Services LLC Under FERPA ( FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT ) and the Master Promissory Note that I signed and entered into with the Department of Education stated that THEY WOULD NOT SHARE MY PERSONAL NON PUBLIC INFORMATION- THE EDFINANCIAL SERVICES LLC and XXXX XXXX XXXX accounts being reported on my consumer report need to be REMOVED IMMEDIATELY. ( 5. ) In accordance with my right to privacy and the OPT OUT NOTICES ( ALL DOCUMENTS HAVE BEEN ATTACHED TO THIS COMPLAINT ) that were sent to the following financial institutions ( SEE ATTACHED SUMMARY OF ACCOUNTS ) in which I have exercised my right to OPT OUT of the sharing of my NON PUBLIC PERSONAL INFORMATION, which is also covered in not only the Fair Credit Reporting Act, but also THE PRIVACY ACT OF 1974, every last one of the TERMS AND CONDITIONS of each of the financial institutions which I maintain accounts, APPLICABLE UCC CODES, CFRS AND MY STATE ARS CODES WHICH GOVERN CONSUMER PRIVACY AND PROTECTION FOR MY NON PUBLIC PERSONAL INFORMATION- I demand that all the accounts listed on my summary attached be removed from my consumer report immediately. 15 U.S.C. 1681 ( 1 ) Congressional findings and statement of purpose a. Accuracy and fairness of credit reporting- The Congress makes the following findings ( 4 ) 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. 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 ( 2 ) Exclusions ( a. ) ( i. ) Report containing information solely as to transactions or experiences between the consumer and the person making the report 15 U.S.C. 1681 ( b ) Permissible Purpose- Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ; ( 2 ) In accordance with the written instructions of the consumer to whom it relates 15 U.S.C . 1681 ( c ) Requirements relating to information contained in consumer reports- except as authorized under subsection ( b ) no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Any other adverse item of information other than records of convictions of crimes which antedates the report by more than 7 years ( a ) ( 2 ) ( a ) ( i ) states information as to transactions or experiences made between the consumer and the person making the report are not to be contained in any consumer report and must be excluded 15 U.S.C . 1681c ( 2 ) Block of information resulting from identity theft- Except 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. ( 12CFR1022.3 Defines Identity Theft as a fraud committed or attempted using the identifying information of another person without authority ) 15 U.S.C. 1681 ( e ) Compliance Procedures ( a ) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title requiring prospective users of the information identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purpose. Consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. ( b ) Accuracy of Report- Consumer reporting agencies will follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates AND ( n ) Civil liability for willful noncompliance states that in general any person who willfully fails 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 any actual damages not less than { {$100.00} } and not more than { {$1000.00} }. 15 U.S.C. 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies- Prohibits the reporting of information with actual knowledge of errors or if the person knows or has reasonable cause to believe that the information is inaccurate. Information may not be reported if the person has been notified by the consumer at the address specified by the person for receiving such notices that specific information is inaccurate and the information is in fact, inaccurate. PRIVACY ACT OF 1974 ( 5 U.S.C. 522A ) - DEFINITION OF RECORD- means any item, collection, or grouping of information about an individual that is maintained by an agency, including but not limited to his education, financial transactions, medical history, and criminal or employment history and that contains his name or the identifying number, symbol, or other identifying particular assigned to the individual such as a finger or voice print or a photograph. ( b ) CONDITIONS OF DISCLOSURE-No agency shall disclose any record which is contained in a sytem of records by any means of communications to any person or to another agency except pursuant to a written request by or with the prior written consent of the individual to whom the record pertains unless dislcoure of the record would be to a consumer reporting agency IN ACCORDANCE WITH SECTION 3711e of title 31 15 U.S.C. 6802-6805 States that 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 ( A ) clearly and conspicuously discloses to the consumer in writing or electronic form or other form permitted by the regulations of this title that such information may be disclosed AND ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option REGULATION P ( PART 1016 ) -12CFR1016.1 REQUIRES a financial institution to provide notice to customers about its privacy policy 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. It also states that a financial institution must conspicuously and clearly post the disclosure with multiple reasonable means of exercising the ability to OPT OUT and said financial institution must comply with consumers request in a timely manner. Said notice will be in effect immediately and indefinitely until a consumers direction in writing otherwise. Family Educational Rights and Privacy Act ( FERPA ) - 20 U.S.C. 1232g ( b ) Publication 4681 ( 2022 ), Canceled Debts, Certificates of Indebtedness, Foreclosures, Repossessions, and Abandonments- if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid- you must include the canceled debt in your income- If you receive a Form 1099-C, that means an applicable entity has reported an identifiable event to the IRS regarding a debt you owe, this canceled debt is ordinary income and must be reported on the appropriate form discussed above- Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return In my home state where I currently reside and has its own set of very comprehensive laws which offer a substantial amount of umbrella coverage for consumers and the protection of their NONPUBLIC PERSONAL INFORMATION. These Revised Statutes or A.R.S. Codes under Title 18 Consumer Data Privacy take precedence when it comes to authority and enforcement over the above stated Federal Laws. I have included the most pertinent to my situation below : Title 18, Arizona Revised Statutes CONSUMER DATA PRIVACY ARTICLE 1. GENERAL PROVISIONS 18-701. Consumer data privacy ; collection of personal information ; requirements ; civil action ; state preemption ; definitions Sec. 2. Legislative findings A. The legislature finds : 1. That it is an important and substantial state interest to protect consumers ' private, personal data in this state. 2. That, with the increasing use of technology and data in everyday life, there is an increasing amount of private, personal data being shared by consumers with businesses as a part of everyday transactions and online and other activities. 3. That the increasing collection, storage, use and sale of personal data creates increased risks of identity theft, financial loss and other misuse of private personal data. 4. That many consumers do not know, understand or have appropriate authority over the distribution, use, sale or disclosure of their personal data. B. The legislature intends that consumers should have the right to : 1. Know what personal information is being collected about them. 2. Know whether their personal information is sold or disclosed and to whom. 3. Decline or opt out of the sale of their personal information. 4. Access their personal information that has been collected. 5. Receive equal service and price, even if they exercise their rights.