Consumer complaint received 2024-08-07 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Credit inquiries on your report that you don't recognize
Company: Experian Information Solutions Inc.
State: SC

Complaint narrative:
I am a victim of Identity theft, and I believe that my rights, as protected by the FCRA have been violated. I immediately took action by contacting the creditors. I discovered that the credit reporting agencies involved have also accessed and shared my credit information without my written consent, thereby violating 15 USC 1861b ( 2 ) of the FCRA. my rights were compromised due to the lack of permissible use and consent. I have not received any notifications from the reporting agencies blocking my information according to 15 USC 1681c-2. I have taken the proper steps to rectify the situation, and I demand the entries SHALL be removed from my report immediately. The information is not information relating to any transaction made by the consumer ( permissible purpose ).

The Fair Credit Reporting Act ( 15 U.S. Code 1681 ) says ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

Privacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( b ) Conditions of Disclosure.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, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

Again they need prior written instruction of the individual to whom it relates.

Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Either way they have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974 15 USC 1861 ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.

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.

So, whenever there is a violation under the FCRA, it impairs the efficiency of the banking system. This is a violation of my privacy with my consumer report, since I control what is listed and what is not. In the event that any accounts are reported without my written consent, that is considered identity theft. I know for FACT I did not give nor do you have my written instructions to furnish my information. Since I did not give you written consent to do such, that is identity theft.

This is a violation of both 15 U.S. Code 1681b ( 2 ) and 15 U.S. Code 1681c-2. It has harmed my family and I severely I can not apply for credit do to these fraudulent inquires. Its detrimental because i can not get credit to rent a home or a car to drive to work to make money for a living.

This leads way to civil liability against the credit reporting agency for negligent and willful noncompliance under 15 U.S. Code 1681n, which allows for {$1000.00} per violation, for account listed without my expressed written consent.

I expect a written response from your credit bureau within 4 days of receiving this letter. Failure to respond will leave me no choice but to escalate this matter further, including reporting the violation to the appropriate regulatory authorities and pursuing legal remedies available under the FCRA. 

I, XXXX XXXX state that the information you are reporting is not information relating to any transaction that I made by the consumer.

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