Consumer complaint received 2024-01-27
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc. (MO)

I am writing to you today to express my concern about the unauthorized sharing of my personal information by XXXX, Experian, and XXXX. As a consumer, I have the right to privacy under the Fair Credit Reporting Act ( FCRA ), and The Privacy Act of 1974 ( 5 U.S.C. 552a ), and I believe that XXXX, Experian, and XXXX have violated my rights by sharing my information without my consent. Specifically, I am concerned about the following : XXXX, Experian, and XXXX obtained my personal information from a financial institution that I have a relationship with. However, the financial institutions did not have my consent to share my information with XXXX, XXXX, and Experian. Experian, XXXX, and XXXX did not have my written consent to furnish a consumer report about me. Or any other personal information such as social security number, address, or name * XXXX, Experian and XXXX furnished a consumer report about me that contained inaccurate information. XXXX, Experian, and XXXX did not maintain reasonable procedures to avoid violations of the FCRA. I am requesting that XXXX, Experian, and XXXX take the following steps to address my concerns : * Rectify the inaccurate information in my consumer report. * Destroy any copies of my consumer report that contain inaccurate information. * Cease and desist from sharing my personal information without my consent. * Implement reasonable procedures to avoid future violations of the FCRA. I am also exercising my right to opt out of XXXX, XXXX, and Experian 's reporting services. I do not want my personal information to be shared with these companies or any other third parties. '' According to the Fair Credit Reporting Act ( 15 USC 1681 ), section 602 states, " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. '' XXXX, Experian, and XXXX 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. '' The furnisher of information to credit agencies is a financial institution by definition under that title. 15 USC 1681, section 604, 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 : '' The financial institutions 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. Any and all consent to XXXX, Experian, and XXXX, whether 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. '' The financial institutions 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 or any other adverse item of information, other than records of convictions for crimes that antedate the report by more than seven years. '' This account is an adverse item ; they are reporting it again without my permission, which is against the law. 15 U.S. Code & 1681s-2 ( A ) ( 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. XXXX 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, Experian, and XXXX 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. '' This is a formal request that you rectify the unlawful " late '' reports on my Consumer Report and update them to " paid as agreed. '' FICO and/or any other risk score/ algorithm that you use to calculate a consumer credit score is not a factor as far as the consumer report is concerned. I did not initiate permission for these inaccurate late payments '' to be added to my consumer report. Therefore, the reporting of transactions between me and this institution is a violation of 15 USC 1681a. 15 U.S. Code 6805 states 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. Please work diligently to address and rectify any inaccuracies in my consumer report. The listed accounts are as follows : EXPERIAN : XXXX XXXX XXXXXXXX XXXX XXXX ACCOUNT # : XXXX, XXXXXXXX XXXX XXXX - ACCOUNT # XXXX, XXXX XXXX XXXX  - ACCOUNT # : XXXX, XXXX XXXX XXXX XXXX - ACCOUNT # : XXXX, XXXX XXXXXXXX XXXX  - ACCOUNT XXXX : XXXX, XXXX & XXXX XXXX - ACCOUNT XXXX XXXX XXXX. EXPERIAN HARD INQUIRIES : XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX  XXXX XXXX : XXXX XXXXXXXX XXXX  ACCOUNT XXXX XXXX XXXX XXXX, XXXX BANK XXXX, ACCOUNT XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, ACCOUNT XXXX XXXX XXXX XXXX, XXXX HARD INQUIRES, XXXX XXXX XXXX : XXXXXXXX XXXX ACCOUNT XXXX : XXXX XXXX XXXX XXXX XXXX ACCOUNT # : XXXX XXXX XXXX XXXX XXXX ACCOUNT # : XXXX, XXXX XXXX XXXXXXXX XXXX  XXXX ACCOUNT XXXX : XXXX, XXXX XXXX XXXXXXXX XXXX XXXX Account XXXX : XXXX. XXXX REGULAR INQUIRIES : XXXXXXXX XXXX XXXX XXXX XXXX XXXX. The inaccurate furnishing of data has had a significant detrimental impact on my reputation, resulting in multiple credit denials. This substantial harm to my character can not be overlooked. Debt that is sold to a third party is considered a charge-off, and a charge-off is a certificate of indebtedness, which makes it income, and income can not be reported to credit reports. I hereby request the immediate rectification of all unlawfully provided late payment reports on my consumer report. Kindly update these accounts to reflect a status of " paid as agreed '' without delay, or delete the listed accounts from my reports. Please note that I am not seeking account verification, but rather a prompt update. As per FCRA, 15 U.S.C Code 1681s2, Reporting information after notice and confirmation of errors : A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. After updating my consumer report, please provide me with an updated report reflecting the changes. I am not requesting validation or verification. This is a notice. Thank you for your time. Sincerely, XXXX XXXX