Consumer complaint received 2024-03-06
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. (TX)

I am writing regarding an unauthorized account furnished by XXXX XXXX which is in violation of FCRA and related laws. Per 15 USC 1681 Congress stresses the need to protect my right to privacy and ensuring that your company complies with laws to do so.

Consumer report as defined in 15 USC 1681a 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 ''. This does not include a " report containing information solely as to transactions or experiences between the consumer and the person making the report '' pursuant to 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ). Reporting financial transactions between myself and the company making the report is illegal.

Further, according to 15 U.S. Code 1681b, " 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 ''. Based on this law, I am directing you to remove the inquiry as I am the consumer to whom the report relates. Additionally, Public Law 90-321 ( 82 Stat 146 ) 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 Privacy Act of 1974 states " term 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. The Act goes on to provide conditions for disclosure by stating " 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 ''. To reiterate, I did not provide written consent to Experian to place this information regarding a financial transaction on my report. 

Per 15 U.S. Code 1681c ( 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 ''. It is illegal to report this account.

By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports you are also violating compliance procedures under this 15 USC 1681e. Violations of this law make you civilly liable for damages. 

You have a responsibility to immediately delete the account from XXXX XXXX until you can provide evidence that the information reporting is valid per 15 USC 1681s-2. Please note verification of accurate personal information does not qualify as validation that the account is a valid claim.