Consumer complaint received 2023-12-28 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Problem with personal statement of dispute
Company: Experian Information Solutions Inc.
State: FL

Complaint narrative:
I am writing for the third time now to make the cfpb and XXXX XXXX aware that XXXX  is violating my consumer privacy rights by willfully not complying with my written notices and demands. 
the Fair Credit Reporting Act 15 USC 1681 section 602 states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. '' 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. '' 15 USC 1681 section 604 a 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. '' XXXX XXXX and the Consumer reporting agencies XXXX and Experian do not have my consent to furnish this information, as I have already revoked all whether it be verbal, non-verbal, written, implied or otherwise in my notice dated XX/XX/23 which all companies have received and it is also evidenced by my first complaint filled on XX/XX/23 id XXXX and XXXX. 

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. '' XXXX never informed me of my right to exercise my nondisclosure option. in addition to this, I have written several complaints against XXXX for their willful noncompliance in honoring my opt-out request. XXXXXXXX XXXX stated that they received my notice to opt out and continued to dishonor it because " Customers are unable to opt out of credit reporting ''. 

I asked XXXX for the law that states I was unable to opt out of reporting since I contended that 12 CFR 1016.10 ( a ) ( 1 ) EXPLICITLY STATES " ( 1 ) Conditions for disclosure. " you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless : ( ii ) " You have provided to the consumer an opt-out notice as required in 1016.7 " ( iii ) " You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( iv ) The consumer does not opt-out. '' under section 2 12 CFR 1016.10 ( 2 ) " Opt out means a direction by the consumer that you not disclose nonpublic personal information about that consumer to a nonaffiliated third party, '' XXXX XXXX  failed to meet the conditions of disclosure as they XXXX never provided me the consumer an opt-out XXXX they never gave me a reasonable opportunity to opt out of the disclosure. and XXXX I have sent XXXX formal notices to opt out that date back to XX/XX/23. XXXX XXXX stated in their response that I consented to their terms and agreements that permitted them to furnish my data. in their card member agreement, does not state at all the option to opt out or how to exercise my nondisclosure agreement. you can find their agreement online at XXXX XXXX XXXX on page 14 is their " Credit Information & Credit Reporting '' which states " This section describes how we use information about you that we obtain from credit bureaus, what information we may provide about you to credit bureaus, and how to dispute items on your credit bureau report. '' it continues to page 15 but nowhere in this agreement was I given notice of my right to opt-out or exercise a nondisclosure agreement.

12 CFR 1016.10 ( b ) clearly states that ( 1 ) You must comply with this section, regardless of whether you and the consumer have established a customer relationship.

( 2 ) Unless you comply with this section, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer that you have collected, regardless of whether you collected it before or after receiving the direction to opt-out from the consumer. 
since XXXX failed to comply with the federal code they are not permitted to furnish my data yet they still are reporting adverse claims to my report unlawfully. 

in addition to this XXXX stated The privacy policy was provided to the Customer at the time of account opening XXXX XXXX XXXX XXXX XXXX at any time. again this policy does not mention my ability to exercise my right to opt-out. 

I made XXXX XXXX aware that per 12 CFR 1016.7 XXXX XXXX  must provide a clear and conspicuous notice to each of its consumers that accurately explains the right to opt-out under that section. The notice must state : ( i ) That you ( applecard ) 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. 
again XXXX failed to provide this critical information to me during the time I had an account with applecard. also as stated in section ( ii ) clearly states that I the consumer have the right to opt out of the disclosure between XXXX and I. Among the violations XXXX also had unreasonable opt-out means as the only way I can opt out is to write a letter which violates 12 CFR 1016.7 ( 2 ) ( iii ) that states You XXXX XXXX XXXX do not provide a reasonable means of opting out if : " ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right ; ''. 

I again ask the cfpb to help me enforce my consumer privacy rights and demand applecard to provide the law that states I can not opt out since XXXX has made baseless claims that " customers can not opt-out '' and have failed to provide any proof of this claim even after I specifically asked them for clarity on this matter. as I have made my rights to opt-out, and expressed APPLECARD violations of federal law under 15 USC 1681 section 604, and15 USC 6802 ( b ) ( c ) clear backed by my consumer privacy rights codified in the cfr 12 CFR 1016.4, 12 CFR 1016.10, and 12 CFR 1016.7, I ask that XXXX provide proof of claim that, they tried to contact me on the said dates they stated, law or any other federal code that disputes my rights to opt-out. in both complaints that were filed, they failed to furnish the proofs I have asked for. 
XXXX XXXX  has provided false claims against my consumer rights. XXXX XXXX has also used deceptive trade practices that have negatively impacted my financial capabilities. because XXXX 's actions have caused me significant emotional and financial distress as a result of the unlawful invasion of my consumer privacy. I am asking for the immediate removal of all reporting and to be opted out upon receiving this notice. I ask that CFPB protect my consumer rights as I continue to be negatively impacted by XXXX will noncompliance and neglect.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation