Consumer complaint received 2024-01-03
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. (NY)

According to the Fair Credit Reporting Act ( FCRA ), " [ t ] here is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. " 15 USC 1681 ( a ) ( 4 ). XXXX, Experian, and XXXX are consumer reporting agencies, and I am the Consumer.

Consistent with Congressional policy, I have the right to ensure my private information is not shared without my consent. 15 USC 6801 states " [ i ] t 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. '' XXXX  is a financial institution by definition under that title. See also 16 C.F.R. 314.15.

15 USC 1681 ( b ) ( 2 ) states that " [ i ] n 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. '' See also P.L 90-321 ( 82 Stat. 146 ). XXXX  the financial institution and the Consumer reporting agencies XXXX, Experian, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. 

Moreover, 5 U.S. Code 552a ( a ) ( 4 ) and 5 U.S. Code 552a ( b ) ( 12 ) ( hereinafter the Privacy Act ) protects my right to privacy. Under the Privacy Act, subsection ( a ) ( 4 ), the term records include a consumer report. The disclosure of a consumer report ( a record ) under the Privacy Act can not be furnished without the prior written instruction of the consumer ( the individual to whom it relates ). The consumer reporting agencies ( Experian, XXXX, XXXX ) do not have my written consent to publicly furnish these records nor can they produce the same as it was never given to them nor XXXX. 

As the accounts are student loans, they are also subjected to the Family Educational Rights and Privacy Act ( FERPA ), 20 U.S. Code 1232g, which protects the privacy of student education records. Per subsection ( b ), to furnish information of these records to third parties, the US Department of Education and XXXX  require my written consent. Which they do not have per the enclosed notices. Therefore, by continuing to report these accounts, is a violation of FERPA, the Privacy Act, and the FCRA.

In addition, 15 USC 6802 ( b ) ( c ) states that [ a ] financial institution may not disclose nonpublic information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. XXXX  never informed me of my right to exercise my nondisclosure option.

15 U.S.C. 1681s-2 ( A ) ( 1 ) 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 information is inaccurate. 15 U.S.C. 1681e states [ e ] very consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of the this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, Experian, and XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.17 states that [ a ] consumer may exercise the right to opt out at any time. I am opting out of your reporting services.