Consumer complaint received 2024-02-29
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. (MD)

I am writing to bring to your attention a matter of concern regarding the reporting of my student loan information on my credit reports. I have identified what I believe to be a violation of the Family Educational Rights and Privacy Act ( FERPA ), specifically the unauthorized disclosure of student education records. In accordance with the Fair Credit Reporting Act ( 15 USC 1681 section 602 a ), it is crucial to ensure that consumer reporting agencies fulfill their significant responsibilities with fairness, impartiality, and a commitment to respecting the privacy rights of consumers. As recognized consumer reporting agencies, both XXXX and Experian, and myself as the consumer, possess the right to safeguard personal information, as emphasized by 15 USC 6801, outlining Congress 's policy that financial institutions actively uphold customer privacy. Designated as a " Furnisher of information to credit agencies '' within the financial institution category, 15 USC 1681 section 604 a section 2 specifies that a consumer reporting agency may only furnish a consumer report based on the written instructions of the respective consumer. In this specific case, neither the financial institution nor the consumer reporting agencies, XXXX and Experian, have obtained my consent to furnish this information, notably lacking my written consent. Consequently, all forms of consent, whether verbal, non-verbal, written, implied, or otherwise, granted to XXXX, Experian, and the " Furnisher of information to credit agencies '' are hereby revoked. Referring to 15 USC 6802 ( b ) ( c ), a financial institution is prohibited from disclosing nonpublic personal information to a nonaffiliated third party without informing the consumer of their nondisclosure option. Unfortunately, the " Furnisher of information to credit agencies '' failed to provide me with guidance on how to exercise this option. Furthermore, 15 USC 1681C ( a ) ( 5 ) explicitly states that a consumer reporting agency is forbidden from including certain adverse information in a consumer report without obtaining proper authorization. Reporting this account as an adverse item without my permission constitutes a clear violation of this legal provision. In alignment with 15 U.SXXXX Code 1681s2 ( A ) ( XXXX ) A, it is prohibited for a person to provide inaccurate information to a consumer reporting agency if they know or reasonably believe it to be inaccurate. XXXX and Experian are also falling short in maintaining reasonable procedures, as mandated by 15 U.S. Code 1681e, to prevent violations of the Fair Credit Reporting Act. Moreover, as explicitly stated in 12 CFR 1016.7, a consumer has the unequivocal right to opt out of reporting services at any time. Consequently, I am exercising my right to opt out of your reporting services. Additionally, I kindly request that you update my accounts to reflect the charge-offs as " paid as agreed. '' I appreciate your prompt attention to this matter and request that you conduct a thorough investigation to rectify the inaccuracies in my credit reports. Please provide a written response within the required time frame as per the Fair Credit Reporting Act. Update my names to only one name XXXX XXXX. Update my address to XXXX XXXX XXXX XXXX XXXX XXXX. All other addresses are non-mailable addresses and need to be removed immediately. Please send an updated copy of my credit report to the above mail location. I also request that you please send notices of corrections to anyone who received my credit report in the past six months. I did not authorize anyone employed by these companies to make any inquiry and view my credit report. This is a violation of the Fair Credit Reporting Act Section 1681b ( c ) and a serious breach of my privacy rights. I am making this formal goodwill gesture to allow you to correct your erroneous reporting, and I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the Consumer Financial Protection Bureau, Federal Reserve Board, and the Attorney Generals office, should you continue your non-compliance under 15 USC 1681n ( a ) and 1681o. I further reiterate to you, in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ), you may be liable for your willful non-compliance and negligence, and fees associated. Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$1000.00} per violation for : XXXX. ) Defamation XXXX. ) Negligent Enablement of Identity Fraud Thank you for your cooperation. Sincerely, [ XXXX XXXX ] You have committed several federal violations against me, a Private law abiding Federally Protected Consumer. Each violation is a statutory cost of {$1000.00} each, which does not include my personal cost and fees ( which I determine ) for taking time to address these issues. Violations committed against me include but not limited to : 1. Violated 15 USC 1692c ( a ) ; Communication without prior consent, expressed permission 2. Violated 15 USC 1692c ( b ) ; Communication without prior consent, expressed permission 3. Violated 15 USC 1692d ; Harass and oppressive use of XXXX about an alleged debt. 4. Violated 15 USC 1692d ( 1 ) ; Attacking my reputation, accusing me of owing an alleged debt to you. 5. Violated 15 USC 1692d ( 2 ) ; Use of obscene or profane language on my report ( saying I owe you a debt ) 6. Violated 15 USC 1692e ; Using false, deceptive or misleading representations 7. Violated 15 USC 1692e ( 2 ) ( A ) ; False representation of the character and amount of the alleged debt 8. Violated 15 USC 1692e ( 2 ) ( B ) ; False representation of any service rendered or compensation 9. Violated 15 USC 1692e ( 8 ) ; Communicating false information 10. Violated 15 USC 1692e ( 9 ) ; Use/distribution of communication with authorization or approval 11. Violated 15 USC 1692e ( 10 ) ; False Representation ( not a party to alleged debt by my consent ) 12. Violated 15 USC 1692e ( 12 ) ; False representation/implication ( innocent purchasers for value ) 13. Violated 15 USC 1692f ; Unfair Practices attempting collect an alleged debt. 14. Violated 15 USC 1692f ( 1 ) ; Attempting to collect a debt unauthorized by an agreement between parties. 15. Violated 15 USC 1692g ( a ) ( 4 ) Certifiable Validation and Verification of alleged debt ( s ) 16. Violated 15 USC 1692j ( a, b ) ; Furnishing certain deceptive forms. ( You are not a party in the alleged debt ) 17. IDENTITY THIEF ; Obtaining personal identification information without prior consent and creating an account in my name without my knowledge. 18. Invasion of Individual and Family Privacy