Consumer complaint received 2024-01-12
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. (SC)

on XX/XX/XXXX I made a CFPB complaint to have the company XXXX XXXX  removed from my credit report due to a charge off being considered income. The company responded on XX/XX/XXXX with a payment history document and mailed me their privacy notice and it stated the following. Can you limit this sharing? My answer is yes don't share any of my information. 

" In accordance with the principles outlined in the Fair Credit Reporting Act ( FCRA ), specifically 15 USC 1681 section 602a, it is emphasized that consumer reporting agencies, such as XXXX and Experian, must execute their responsibilities with fairness, impartiality, and a profound regard for the privacy rights of consumers. As the individual in question, I assert my right to ensure the non-disclosure of my private information, a right substantiated by 15 USC 6801, which underscores the congressional policy obligating financial institutions to uphold customer privacy and safeguard nonpublic personal information. 

The entity providing information to credit agencies, colloquially known as the 'Furnisher of information to credit agencies, ' falls within the definition of a financial institution under the aforementioned title. According to 15 USC 1681 section 604a ( 2 ), a consumer reporting agency is permitted to furnish a consumer report solely in accordance with the explicit written instructions of the respective consumer. In this case, neither the financial institution nor the consumer reporting agencies, XXXX and Experian, possess my consent, whether it be verbal, non-verbal, written, implied, or otherwise, to furnish such information. All forms of consent are hereby revoked. 

Furthermore, 15 USC 6802 ( b ) ( c ) asserts that a financial institution can not disclose nonpublic personal information to a nonaffiliated third party unless the consumer has been provided with an explanation of how to exercise the nondisclosure option. To my knowledge, the 'Furnisher of information to credit agencies ' failed to inform me of this right, rendering any such disclosure unlawful.

It is essential to note that 15 USC 1681C ( a ) ( 5 ) explicitly prohibits consumer reporting agencies from including adverse information in a consumer report without proper authorization, specifically any adverse information exceeding a seven-year antedate. The inclusion of such adverse information on the account in question is a clear violation of this provision. 

Moreover, 15 U.S. Code 1681s2 ( A ) ( 1 ) A mandates that any person furnishing information to a consumer reporting agency must ensure the accuracy of the information provided. XXXX and Experian, by reporting inaccurate and unauthorized information, are in direct violation of this statutory requirement. 

Lastly, in accordance with 12 CFR 1016.7, I hereby exercise my right to opt out of any further reporting. It is my prerogative to withdraw consent for the reporting of my information at any time. 

In light of the aforementioned legal provisions and violations, I demand immediate corrective action to rectify the inaccuracies and cease any unauthorized reporting by XXXX, Experian, and the 'Furnisher of information to credit agencies. ' ''