Consumer complaint received 2024-05-17 00:00:00
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.
State: NC

Complaint narrative:
This complaint is regarding XXXX Bank XXXX XXXX XXXX XXXX XXXX my Consumer XXXX XXXX XXXX Reported on XXXX as XXXX XXXX XXXX XXXX Account Number XXXX XXXX with reported Balance of {$470.00} with the Account Status being CHARGE_OFF. Reported on XXXX as XXXX XXXX XXXXXXXX XXXX  Account Number XXXX Reported Balance {$470.00} Pay Status CHARGE_OFF and reported on Experian as XXXX XXXX XXXX  Account Number XXXX Status Account charged off {$470.00}. 

I have made multiple attempts to allow XXXXXXXX XXXX XXXXXXXX, XXXX, XXXX and Experian the opportunity to report my consumer credit information in a fair, timely, and accurate manner while having respect for my right to privacy according to Fair Credit Reporting Act, XXXX5 USC 1681 ( a ) 4. 15 USC 1681 Congressional findings and statement of purpose ( a ) Accuracy and Fairness of Credit Reporting and ( b ) Reasonable procedures, are both being violated. According to the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) 4 states " 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. XXXX, XXXX and Experian are consumer reporting agencies, and I am the Consumer. These agencies have failed to do so. 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. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 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. '' ( Furnisher of information to credit agencies ) the financial institution XXXX XXXX  XXXX and the Consumer reporting agencies XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent, in addition the information being reported is not accurate. I would like to make it clear that any and all consent to XXXX XXXX XXXX, ( Furnisher of information to credit agencies ) is revoked. Whether it be verbal, non-verbal, written, implied I have removed it. I have previously informed XXXX XXXX  XXXX they do not have my consent whether verbal, non-verbal, written, imaged, implied or otherwise to report to non-affiliate third parties. 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.

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. '' ( Furnisher of information to credit agencies ) I was never informed of my right to exercise my nondisclosure option which is also supported by 12 CFR 1016.1 Purpose and scope, and12 CFR 1016.4 Initial privacy notice to consumers required.

According to 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. '' This was violated by XXXX XXXX  XXXX because they reported my nonpublic personal information to non-affiliated third parties XXXX, Experian, and XXXX are all 3rd parties. 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 Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission, which is against the law. XXXX, Experian, and XXXX are deliberately violating my rights. 15 U.S. Code 1681s2 ( A ) ( 1 ) 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. 15 U.S. Code 1681e - Compliance procedures ( a ) " Identity and purposes of credit user 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, XXXX and Experian are not maintaining reasonable procedures.15 USC 1681s-2 says '' ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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, XXXX and Experian have all been informed of the disputed information. 15 USC 1681n Civil liability for willful noncompliance they are all ignoring my request and not complying.

According to Enforcement 15 U.S. Code 6805 ( a ) The Bureau of Consumer Financial Protection is the correct regulator to notify that my consumer rights are being violated regularly by the above-mentioned companies.

After contacting each of these companies to submit the disputes directly with them, the information being reported remained inaccurate. Prior complaints have been submitted but yet the inaccurates and the violations continue. 

Despite me providing XXXX XXXX XXXXXXXX with an opted-out notice on multiple occasions, Experian, XXXX and XXXX are all alleging that XXXX XXXX XXXX is reporting my nonpublic personal information. Things such as balance history is being reported and balance amounts and amounts paid are not consistent on each report and does not calculate accurately. The alleged amount being reported that is owed is not accurate. For reference XXXX XX/XX/XXXX scheduled payment reported {$29.00} vs Experian XX/XX/XXXX scheduled payment reported {$0.00} vs XXXX 's XX/XX/XXXX scheduled payment reports {$0.00}. 

XXXX XX/XX/XXXX scheduled payment reported {$29.00} vs Experian XX/XX/XXXX scheduled payment reported {$0.00} and XXXX XX/XX/XXXX scheduled payment reports {$0.00}. Several other months including XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XXXX and XX/XX/XXXX also have different amounts reporting on my consumer report. 

Conflicting information is being reported on my consumer reports from XXXX, XXXX and Experian. These reporting agencies claim the information is verified but that's not possible being different amounts are reported on each report. I have requested proof reflecting XXXX XXXX  XXXX has verified the information and I never received it. 
The Privacy Act of 1974 5 US Code 552a Records maintained on individuals has been violated as well along with them violating the Fair Credit Reporting Act. I want this account removed from my Consumer report immediately.

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