Consumer complaint received 2024-03-11
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 a federally protected consumer and am now exercising my right to opt out and hereby revoke any consent verbal, non verbal, or written given EXPERIAN, XXXX, and XXXX of reporting credit information for the accounts of XXXX XXXX, XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX. My right for this revocation and opt out is based pursuant to 15 U.S. Code 6801- 6805 ( Gramm-Leach-Bliley Act ) which clearly states " 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 ; 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 ; the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' and 16 CFR 313.7 which states " Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right ''. I have not received any such privacy notice telling me I have the right to opt out from any of these agencies or financial institutions. I have also never been given nor been presented with a form to give written consent or permission to EXPERIAN, XXXX, and XXXX permission to report/or furnish any of these accounts pursuant to the fair credit reporting act 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.

In Experian 's prospectus that they have on file they clearly state that they are under the authority and must abide by these laws XXXX operations in the US are subject to several US federal statutes and regulations that govern the collection, protection and use of consumer data. These laws and regulations include : ( i ) the US Fair Credit Reporting Act ( the FCRA ) ; ( ii ) the US Gramm-Leach-Bliley Act ( the GLB ) ; ( iii ) the US Health Insurance Portability and Accountability Act of 1996 ( the HIPAA ) ; ( iv ) the Drivers Privacy Protection Act ( the DPPA ) and ; ( v ) the Controlling the Assault of Non-Solicited XXXX and Marketing Act ( the CAN-SPAM Act ). 

The protection and security of consumer credit information is governed largely by the Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act or GLB. The US Federal Trade Commission is charged with enforcement of the GLB. The GLB includes provisions designed to protect consumers personal financial information that is held by financial institutions ( as defined in the statute ), including Experian. The principal parts of the GLB relating to privacy requirements imposed on financial institutions such as Experian are the Financial Privacy Rule and the Safeguards Rule. 

The GLB Financial Privacy Rule requires financial institutions to give to their customers privacy notices that explain the financial institutions information collection and sharing practices, and grant customers the right to opt out of having their information shared with certain third parties. The Financial Privacy Rule also prohibits financial institutions from disclosing their customers account numbers to non-affiliated companies in connection with telemarketing, direct mail marketing or other marketing through email, even if an individual has not opted out of sharing the information for marketing purposes. 

The XXXX XXXX  XXXX seeks to ensure that financial institutions adopt procedures to protect physically and technologically consumer credit data. For example, financial institutions are required to provide information security training to employees, to implement procedures for detecting and managing information system failures and to provide for secured storage and disposal of confidential consumer information. Similarly, under XXXX, Experian must maintain reasonable administrative, technical and physical safeguards to prevent intentional and unintentional use or disclosure of protected health information In XXXX prospectus they have filed with the securities exchange they clearly state to be under 15 U.S. Code 6801- 6805 ( Gramm-Leach-Bliley Act ) and the fair credit reporting act. 
Our business involves collection of consumer and business data and distribution of such information to businesses making credit and marketing decisions. Consequently, certain of our activities and services are subject to regulation under various federal laws, including the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act, as well as similar state laws. 

In XXXX XXXX form they have filed with the securities exchange they say U.S. Data and Privacy Protection Our U.S. operations are subject to numerous laws and regulations governing privacy, data security, consumer protection and the use of consumer credit information. Certain of these laws provide for civil and criminal penalties for the unauthorized release of, or access to, this protected information. The laws and regulations that affect our U.S. business include, but are not limited to, the following : Fair Credit Reporting Act ( FCRA ) : FCRA applies to consumer credit reporting agencies, including us, as well as data furnishers and users of consumer reports. FCRA promotes the accuracy, fairness and privacy of information in the files of consumer reporting agencies that engage in the practice of assembling or evaluating information relating to consumers for certain specified purposes. FCRA limits what information may be reported by consumer reporting agencies, limits the distribution and use of consumer reports, establishes consumer rights to access and dispute their own credit files, includes provisions designed to prevent identity theft and assist fraud victims, requires consumer reporting agencies to make a free annual credit report available to consumers and imposes many other requirements on consumer reporting agencies, data furnishers and users of consumer report information. Violation of FCRA can result in civil and criminal penalties. Regulatory enforcement of FCRA is under the purview of the Federal Trade Commission ( the FTC ), the Consumer Financial Protection Bureau ( the CFPB ) and state attorneys general, acting alone or in concert with one another.

Gramm-Leach Bliley Act ( the GLBA ) : The GLBA regulates XXXX among other things, the receipt, use and disclosure of non-public personal information of consumers held by financial institutions, including us. Several of our datasets are subject to GLBA provisions, including limitations on the use or disclosure of the underlying data and rules relating to the technological, physical and administrative safeguarding of non-public personal information. Violation of the GLBA can result in civil and criminal liability.