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. (CA)

XXXX XXXX XXXX XXXX, is obligated by the FCRA to report accurate accounting. Consumer has advised ALL the inquires reported was fraud. Said company had XXXX business XXXX  according to LAW to remove such items. FTC fraud report was filed on behalf of consumer, consumer is now requesting XXXX XXXX XXXX XXXX to provide the documentation used to determine inquiry was indeed authorized by the consumer, XXXX XXXX XXXX XXXX has XXXX XXXX to provide me with the name of the person spoken to, documentation used, signed application with consumer wet ink signture. Consumer is not asking for an e-oscar report. If XXXX XXXX XXXX XXXX does not have documentation to show these were in fact authorized it must be removed asap. 

PER THE FCRA, AS A FEDERALLY PROTECTED CONSUMER, I AM NOW OPTING OUT OF ANY AND ALL AUTHORIZATION, I THE CONSUMER MAY HAVE GIVEN YOU WRITTEN, UNWRITTEN VERBAL AND NON-VERBAL PER 15 USC 6802.

Pursuant to Section 604 ( a ) ( 2 ) of the Fair Credit Reporting Act ; any consumer reporting agency may furnish a consumer report under the following circumstances and no other : In accordance with written instructions of the consumer to whom it relates. 

PURSUANT to 15 USC 6802 ( b ) ( 1 ) ( C ) : 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 Pursuant to 15 USC 6809 ( 4 ) 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. 
( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title.

( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information.

16 CFR 313.7 ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9.

16 CFR 313.9 Delivering privacy and opt out notices : ( a ) How to provide notices.

You must provide any privacy notices and opt out notices, including short-form initial notices, that this part requires so that each consumer can reasonably be expected to receive actual notice in writing or, if the consumer agrees, electronically.

( b ) ( 1 ) Examples of reasonable expectation of actual notice. You may reasonably expect that a consumer will receive actual notice if you : ( i ) Hand-deliver a printed copy of the notice to the consumer ; ( ii ) Mail a printed copy of the notice to the last known address of the consumer; ( iii ) For the consumer who conducts transactions electronically, clearly and conspicuously post the notice on the electronic site and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service ; ( iv ) For an isolated transaction with the consumer, such as an ATM transaction, post the notice on the ATM screen and require the consumer to acknowledge receipt of the notice as a necessary step to obtaining the particular financial product or service.

( 2 ) Examples of unreasonable expectation of actual notice. You may not, however, reasonably expect that a consumer will receive actual notice of your privacy policies and practices if you : ( i ) Only post a sign in your branch or office or generally publish advertisements of your privacy policies and practices ; ( ii ) Send the notice via electronic mail to a consumer who does not obtain a financial product or service from you electronically.

( c ) Annual notices only. You may reasonably expect that a customer will receive actual notice of your annual privacy notice if : ( 1 ) The customer uses your web site to access financial products and services electronically and agrees to receive notices at the web site and you post your current privacy notice continuously in a clear and conspicuous manner on the web site; or ( 2 ) The customer has requested that you refrain from sending any information regarding the customer relationship, and your current privacy notice remains available to the customer upon request.

( d ) Oral description of notice insufficient. You may not provide any notice required by this part solely by orally explaining the notice, either in person or over the telephone.

( e ) Retention or accessibility of notices for customers ( 1 ) For customers only, you must provide the initial notice required by 313.4 ( a ) ( 1 ), the annual notice required by 313.5 ( a ), and the revised notice required by
313.8 so that the customer can retain them or obtain them later in writing or, if the customer agrees, electronically.

( 2 ) Examples of retention or accessibility. You provide a privacy notice to the customer so that the customer can retain it or obtain it later if you : ( i ) Hand-deliver a printed copy of the notice to the customer ; ( ii ) Mail a printed copy of the notice to the last known address of the customer; or ( iii ) Make your current privacy notice available on a web site ( or a link to another web site ) for the customer who obtains a financial product or service electronically and agrees to receive the notice at the web site.

( f ) Joint notice with other financial institutions. You may provide a joint notice from you and one or more of your affiliates or other financial institutions, as identified in the notice, as long as the notice is accurate with respect to you and the other institutions.

( g ) Joint relationships. If two or more consumers jointly obtain a financial product or service from you, you may satisfy the initial, annual, and revised notice requirements of 313.4 ( a ), 313.5 ( a ), and 313.8 ( a ) by providing one notice to those consumers jointly, unless one or more of those consumers requests separate notices.

16 CFR 313 PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION comes from the authority of 15 USC 6801 : Protection of nonpublic personal information.

Privacy Act of 1974 : All charge-offs are considered a certificate of indebtedness which is considered income which must be removed. ( SEE IRS PUBLICATION ).