Consumer complaint received 2024-01-04
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)

To Whom It May Concern, I am writing to file a formal complaint regarding violations of my legal consumer privacy rights under federal law. Pursuant to 15 U.S.C. 6802 of the Gramm-Leach-Bliley Act, I have expressly opted-out and revoked any authorization provided to your organization - written, verbal, or otherwise - to share or disclose my nonpublic personal information with third parties such as credit reporting agencies. However, you continue to report my transaction history to Experian, XXXX, and XXXX. By continuing to furnish this information after receiving my valid opt-out notice, you are in clear violation of 15 U.S.C 6801 and 6802, which specifically prohibit the disclosure of nonpublic personal information to unaffiliated third parties without express consumer consent. 
Furthermore, the Fair Credit Reporting Act under 15 U.S.C. 1681 outlines protections against the unlawful sharing of consumer credit data. As I have revoked authorization and exercised my right under federal privacy laws, your organization has no lawful basis to disclose my information. 
Additionally, income details and records of certificate of indebtedness must not be included in credit reports per FCRA regulations, as these constitute income records rather than strict credit transactions. Any reporting of such matters violates 16 C.F.R. 313 and sections 1681-1681x of USC Title 15. I also refer you to the Privacy Act of 1974, as well as the Family Educational Rights and Privacy Act, which forbid the nonconsensual release of personal consumer information like Social Security numbers ( 42 U.S.C. 408 ) or educational records. 
By publishing private account details to credit bureaus after receiving formal opt-out notice, your organization is clearly breaching federal consumer privacy laws, including but not limited to 15 U.S.C. 6801-6805, 1681, as well as the Privacy Act, FERPA, and numerous Codes of Federal Regulation expressly allowing consumers to control access to and sharing of our information. 
I hereby demand that you immediately cease and desist any and all unauthorized credit reporting activities associated with my accounts in accordance with my lawful opt-out rights. Please confirm in writing by XX/XX/XXXX that you have permanently terminated any reporting of my accounts or information to consumer credit agencies. Failure to comply may result in complaints submitted at the federal level, including potential SEC, FTC, CFPB, and state authorities for willful illegal use of private consumer financial information. I prefer resolving matters directly and look forward to your prompt cooperation. 


Below are codes with precedent in this situation. 

15 USC 6802- Gramm-Leach-Bliley Act : Allows consumers to opt-out and direct creditors/banks to not share my personal financial information with unaffiliated third parties. Useful for telling debt collectors I revoke any permission to pull my credit reports.

15 USC 6805 : Enables Consumer Financial Protection Bureau ( CFPB ) enforcement of opt-out rights violations under the GLBA financial privacy law. So CFPB can take action against companies that ignore my opt-out and keep accessing my data. 
15 USC 1681- Fair Credit Reporting Act : full verified accurate consumer credit reporting. Let 's me dispute errors on my credit file with bureaus and demand debt collectors prove legitimacy of negative items. Enforces rights to have only factual info shared. 
Charge Offs - Income Reporting Prohibited : If lenders file 1099-C tax forms canceling debt over {$600.00}, it becomes taxable forgiven income. Credit bureaus can not list income, so charge-offs can't stay on credit reports after lenders file 1099-C.

Privacy Act of 1974 : Bars federal agencies and government contractors from sharing individuals ' private records data without consent. Prevents things like military records being accessed without approval. 
FERPA - Education/Student Privacy : Schools can not release students ' private academic records without permission ( similar to HIPAA for health data ). Allows disputing if improper info shared.

16 CFR 313 - FTC Privacy of Consumer Financial Information FTC level requiring financial companies give privacy notices and ability for consumers to opt-out of data sharing. For disputing if banks improperly give info after I opt-out. 
16 CFR 433 - Preservation of Claims/Defenses : Says when debt is sold/assigned, the consumer retains all same rights to dispute debts against the new collector as they had against the original creditor. Keeps debt buying from removing verification rights. 
17 CFR 424 - Prohibition on Misrepresentations of Address Bans collectors falsely claiming they're contacting me from local address when they're out of state. Prevents fake " local '' numbers on caller ID.

12 USC 408 - Social Security Numbers Limitation : Strictly limits private businesses demanding someone's SSN, usually only banks/lenders have right to collect SSNs. File disputes if forced to give SSN improperly. 

Sincerely, XXXX XXXX XXXX