Consumer complaint received 2024-04-07
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. (GA)

According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " 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. '' According to 15 USC 1681a The term consumer report means 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 ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; as you can see transaction history being reported on my consumer report is illegal ( the amount owed falls under transaction history balances and monthly payments falls under transaction history ) 15 U.S. Code 1681b - Permissible purposes of consumer reports 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. They need my written consent to add anything to my consumer report if i did not give this authorization that is a violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report 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 ) the reporting of this account also violates the Privacy Act of 1974 under section b. Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication 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 disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. Again they need prior written instruction of the individual to whom it relates. XXXX XXXX XXXX, EXPERIAN, NOR XXXX never had my written consent to report this account to my consumer report. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of XXXX XXXX XXXX reporting services. I have repeatedly notified XXXX XXXX XXXX, EXPERIAN, and XXXX regarding this matter and they have not complied yet. Them now complying puts them in civil liability 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) 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 ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If I can prove they wilfully violated the act I am entitled to at least XXXX $ per violation plus any other damages i have sustained as a result of their failure to follow the law. Since I had to file more than 1 complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after i complained the 1st time. 15 U.S. Code 1681e states '' 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. EXPERIAN and XXXX are not maintaining reasonable procedures.