Consumer complaint received 2024-01-17
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)

I Attempted correspondence with XXXX XXXX XXXX XX/XX/XXXXXXXX  about removing this inaccurate account from my credit report. 
According to the Fair Credit Reporting Act ( 15 USC 1681, section 602a ), it is articulated that : " There 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. '' Experian, XXXX, and XXXX qualify as consumer reporting agencies, and I am the designated consumer in this context. My right to privacy, specifically to ensure that my personal information remains confidential, is underscored by 15 USC 6801 : " 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. '' For clarity, XXXXXXXX XXXX falls under the definition of a financial institution according to this title. Further, 15 USC 1681, section 604a, section 2, highlights that : " In general, 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. '' Neither XXXXXXXX XXXX  nor the consumer reporting agencies Experian, XXXX, and XXXX, possess my explicit or written consent to furnish this data. I hereby revoke all forms of consent - verbal, non-verbal, written, implied, or otherwise - given to Experian, XXXX, XXXX, and XXXX XXXX. Moreover, 15 USC 6802 ( b ) ( c ) specifies : " 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 XXXXXXXX XXXX failed to notify me about my right to exercise my nondisclosure option. Additionally, 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 antedate the report by more than seven years. '' The account in question is an adverse item being reported without my consent, in direct violation of the law. Furthermore, 15 U.S. Code 1681s-2 ( A ) ( 1 ) A declares : " 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. '' While 15 U.S. Code 1681e insists : " 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. It appears that '' Experian, XXXX, and XXXX are failing to uphold these reasonable procedures. Lastly, 12 CFR 1016.7 reiterates : " A consumer may exercise the right to opt-out at any time. '' I am formally exercising my right and opting out of your reporting services. 

The account in dispute being furnished onto my consumer report is also a violation of the Privacy Act of 1974.

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.

( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 2010, 124 Stat. 2095. ) 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.

16 CFR PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION Authority:15 U.S.C. 6801 et seq., 12 U.S.C. 5519.

Source:65 FR 33677, XX/XX/XXXX, unless otherwise noted. 
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, subject to the exceptions in 313.13, 313.14, and 313.15.

( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.

Subpart APrivacy and Opt Out Notices 313.4 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, if you make such a disclosure other than as authorized by 313.14 and 313.15.

( b ) When initial notice to a consumer is not required. You are not required to provide an initial notice to a consumer under paragraph ( a ) of this section if : ( 1 ) You do not disclose any nonpublic personal information about the consumer to any nonaffiliated third party, other than as authorized by 313.14 and 313.15 ; and ( 2 ) You do not have a customer relationship with the consumer.

( c ) When you establish a customer relationship ( 1 ) General rule. You establish a customer relationship when you and the consumer enter into a continuing relationship.

( 2 ) Special rule for loans. You establish a customer relationship with a consumer when you originate a loan to the consumer for personal, family, or household purposes. If you subsequently transfer the servicing rights to that loan to another financial institution, the customer relationship transfers with the servicing rights.

( 3 ) Examples ( i ) Examples of establishing a customer relationship. You establish a customer relationship when the consumer : ( A ) Executes the contract to obtain credit from you or purchase insurance from you; or ( B ) Executes the lease for personal property with you.

( ii ) Examples of loan rule. You establish a customer relationship with a consumer who obtains a loan for personal, family, or household purposes when you : ( A ) Originate the loan to the consumer and retain the servicing rights; or ( B ) Purchase the servicing rights to the consumer 's loan.

( d ) Existing customers. When an existing customer obtains a new financial product or service from you that is to be used primarily for personal, family, or household purposes, you satisfy the initial notice requirements of paragraph ( a ) of this section as follows : ( 1 ) You may provide a revised privacy notice, under 313.8, that covers the customer 's new financial product or service; or ( 2 ) If the initial, revised, or annual notice that you most recently provided to that customer was accurate with respect to the new financial product or service, you do not need to provide a new privacy notice under paragraph ( a ) of this section.

( e ) Exceptions to allow subsequent delivery of notice ( 1 ) General. You may provide the initial notice required by paragraph ( a ) ( 1 ) of this section within a reasonable time after you establish a customer relationship if : ( i ) Establishing the customer relationship is not at the customer 's election; or ( ii ) Providing notice not later than when you establish a customer relationship would substantially delay the customer 's transaction and customer agrees to receive the notice at a later time 313.7 Form of opt out notice to consumers ; opt out methods.

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

5 U.S. Code 552a - Records maintained on individuals 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 [ subject to 12 exceptions ]. 5 U.S.C. 552a