Consumer complaint received 2024-02-05
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. (RI)

XXXX appears to be in violation of several congressional laws in connection with the account number XXXX ( a charged off credit card account ). According to 15 U.S. Code 1681a ( 2 ) ( a ) ( i ), the consumer report should not include information solely pertaining to transactions or experiences, such as payment history or charge-off status, between the consumer ( myself ) and the reporting entity ( XXXX ) . Furthermore, 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ) stipulates that a person ( XXXX ) must not furnish any information to a consumer reporting agency if there is knowledge or reasonable cause to believe that the information is inaccurate.

It is imperative to note that XXXX can not collect on a discharged debt, as it is now considered a certificate of indebtedness according to the IRS. The IRS explicitly defines a charge-off as gross or ordinary income, which is not reported on consumer reports. This renders the reporting of the account inaccurate. Despite this, I have not received a 1099-C from XXXX for the canceled debt of { {$1500.00} }, which should have been provided for filing as ordinary income as required by the IRS for debts exceeding { {$600.00} }. The discrepancy in reporting and failure to issue the necessary tax documentation is unsatisfactory. I have provided screenshots from the IRS website.

XXXX is hereby put on notice for furnishing incorrect and inaccurate information. As outlined in their terms and conditions, XXXX agreed not to share my information with non-affiliates. Experian, XXXX, and XXXX are not affiliates of XXXX, nor are they considered " bureaus '' in accordance with federal law. The only authorized credit bureau is the CFPB, which, as stated in federal law, does not furnish consumer reports. 

In accordance with the Privacy Act of 1974, as a federally protected consumer, I am revoking any and all authorizations provided to XXXX, whether written, non-written, verbal, or non-verbal, pursuant to 5 U.S. Code 552a. Additionally, under the FCRA, as a federally protected consumer, I am opting out of any and all authorizations granted to XXXX, encompassing written, non-written, verbal, and non-verbal agreements, as per 15 USC 6802 on account number XXXX. 

XXXX XXXX responsibility, as per 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ), is outlined in the duty of furnishers to provide accurate information. This includes refraining from reporting information to any consumer reporting agency after receiving notice and confirmation of errors. I have previously notified XXXX of inaccuracies, and it is imperative that they adhere to the stipulations outlined in the relevant federal law. 

Here are some of the laws stated along with supporting laws and definitions 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy 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.

( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; 15 U.S. Code 6809 - Definitions ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution.

( 5 ) Nonaffiliated third party The term nonaffiliated third party means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution.

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.

604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.

( 2 ) In accordance with the written instructions of the consumer to whom it relates.

16 CFR 313.1 - Purpose and scope.

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 ; ( 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 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods.

313.7 Form of opt out notice to consumers ; opt out methods.

( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( 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 ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information ( 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 that includes the address to which the form should be mailed ; or ( 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.

( e ) 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.

( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

( g ) 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.

( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship 15 U.S. Code 6803 - Disclosure of institution privacy policy ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.

**it appears to me that even after I the consumer have ceased being a costumer of this institution, they still do not have the right to violate my right to privacy** 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