Consumer complaint received 2024-02-22
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)

Despite my multiple attempts to address inaccuracies on my credit report and seek clarification, XXXX, XXXX and Experian have failed to respond in an intelligible manner. The responses received have been limited to generic letters of goodwill, without correcting the specific issues raised.

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. '' XXXX, XXXX and Experian are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title.

15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and Experian, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 
15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 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. XXXX, XXXX and Experian are not maintaining reasonable procedures. 
Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. 
Opt-Out Request : I am formally exercising my right to opt-out of the inclusion of specific personal information in XXXX credit reporting database XXXX This decision is based on XXXX, XXXX, and Experians lack of responsiveness, failure to rectify inaccuracies, and the insufficient handling of my concerns. 
I am exercising my right to opt-out of XXXX items in total ( XXXX per Credit Bureau ) , and I am providing specific details for each category listed below. Please find the requested information organized in sections with numbered bullets as well as counts for transactional information reported, as taken from my Experian Consumer Credit Report ( XXXX ), XXXX XXXXXXXX XXXX XXXX  ( XXXX ), and XXXX XXXX XXXX XXXX  ( XXXX ) from XX/XX/XXXX. 
These Opt-Out requests can be found later in this letter under the section labeled Infractions. 
Later you will find under the section Approved Information and Accounts Authorized on my Consumer Credit Report the exact name, address, contact info, and accounts I am willing to share on my Consumer Credit Report. 
Penalty Request : I am requesting a {>= $1,000,000} ( {$790000.00} per credit bureau ) enforcement of a {$1000.00} penalty for each infraction ( XXXX in total per credit bureau ) on my consumer report where Experian, XXXX, and XXXX included information without notifying or consulting me, or providing me a reasonable method of opting out, violating my rights under the Fair Credit Reporting Act ( 15 USC 1681 [ a-n ] ).

Additional Applicable Laws and Regulations : The requested penalties are in accordance with the Fair Credit Reporting Act ( FCRA ), specifically under Section 616, which allows for damages in cases of willful noncompliance. Additionally, my right to opt-out is protected under Section 603 of the FCRA.
Additional Laws and Regulations regarding penalty requests and right to opt out Family Educational Rights and Privacy Act ( FERPA ) ( 20 USC 1232g ) : " No funds shall be made available under any applicable program to any educational age
ncy or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein ) of students without the written consent of their parents to any individual, agency, or organization ... '' FERPA protects the privacy of student education records, ensuring that schools maintain the confidentiality of such records and that students or their parents have the right to control the disclosure of their information.

15 CFR 1022.3 ( Regulation V - Privacy of Consumer Financial Information ) : " Nonpublic personal information means any information collected by your company about an individual in connection with providing a financial product or service to that individual ... '' 12 CFR 1016 ( Privacy of Consumer Financial Information ) : Section 1681a ( 2 ) ( A ) ( i ) : " The term 'consumer reporting agency ' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. '' The term consumer means an individual, this being myself.

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. 
The exclusions of this chapter clearly outline that reports containing information as to the transactions are illegal. Meaning the amounts owed and paid by myself shall not be reported.

Section 1681b ( 2 ) : " Permissible purposes of consumer reports. A consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( A ) In response to the order of a court having jurisdiction to issue such an order. '' Section 1681b, is backed by P.L 90-321 ( 82 Statute 146 ) which states that any agency can only get your report in response to a request made by the head of a state or a local child support enforcement agency. This has never happened and my information has been shared illegally. 
Furthermore, this section allows that the permissible purpose of the consumer report be in accordance with written instruction from the consumer. I have never given permission of this kind to any bureau. 
Section 1681c ( 2 ) : " Information excluded from consumer reports. Except as authorized under subsection ( a ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( A ) Cases under title 11 [ United States Code ] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years. '' Section 1681e : " Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. '' 1681e ( a ) : 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 16181b.

Section 1681n ( a ) : " 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 : ( 1 ) 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}. '' Section 1681o : " Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. '' Section 1681s-2 ( 1 ) ( a ) : " Duties of furnishers of information to consumer reporting agencies. ( 1 ) Prohibition. ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' 12 CFR 1022.3 Definitions : Identity theft - meaning a fraud committed or attempted using the identifying information of another person without authority. 
It should be clear now that these items were added to my consumer credit report without my written consent and this is a case of Identity Theft. 
15 USC 1681c ( 2 ) Blocking of information resulting from identity theft : Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in a file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not latter than 4 business days after the date of receipt by such agency.

16 CFR 313.1 Purpose and scope.

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure.

Privacy Act of 1974 ( 5 USC 552a ) : " 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 : ( i ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties. '' The Privacy Act governs the collection, maintenance, use, and dissemination of personal information by federal agencies. It provides individuals with the right to access their records and places restrictions on the disclosure of personal information without consent.

12 CFR 1016.1 Privacy of Consumer Financial Information ( regulation p ) : ( a ) Purpose. This part governs the treatment of nonpublic personal information about the consumer by the financial institution in paragraph b of this section. This part : ( 1 ) Requires a financial institution to provide notice to consumers about its privacy policy and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by OPTING OUT of that disclosure, subject to the exceptions in 1016.3, 1016.4 and 1016.5.

12 CFR 1016.4 Initial privacy notice to consumers required.

( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods.

Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( 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.

( 2 ) Examples ; ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. 
Section ( g ) - Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 
Section ( h ) - Continuing right to opt out. A consumer may exercise the right to opt out at any time.

Section ( i ) - Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information : ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) 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 ; ( B ) 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 ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( Once again this was never offered to me and the agency must provide me with an opt out notice for anything that is to be added to your consumer report when it is added. ) 15 U.S. Code 6805 - Enforcement ( a ) In general ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.