Consumer complaint received 2025-01-28 00:00:00
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.
State: TX

Complaint narrative:
XXXX XXXX XXXX has obtained my nonpublic personal information as a result of material misrepresentation, fraud, and identity theft pursuant to 15 U.S.C. 1681a and Texas Penal Law 521.051 ( a ). XXXX XXXX XXXX is in unlawful possession of the consumer 's private financial information and have used and shared it with third parties which include but may not be limited to consumer reporting agencies without consent.

I am formally asserting my rights under the Fair Credit Reporting Act ( FCRA ), specifically referencing 15 USC 1681, Section 602 ( a ), which underscores the importance of consumer privacy and the responsibilities of consumer reporting agencies to act fairly and impartially. As a consumer, I have the right to ensure that my private information remains confidential, a right further supported by 15 USC 6801. This statute mandates that financial institutions must uphold the privacy and security of their customers nonpublic personal information. Notably, organizations such as XXXX, Experian, and XXXX qualify as financial institutions under this definition.

It is essential that consumer reporting agencies fulfill their responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. As the consumer, I have the right to ensure that my private information is not shared without my consent. Under 15 USC 6801, it is established that each financial institution has an ongoing obligation to respect the privacy of its customers and to protect the confidentiality of their nonpublic personal information. 

Furthermore, 15 USC 1681, Section 604 ( a ) ( 2 ) states that a consumer reporting agency may furnish a consumer report only in accordance with the written instructions of the consumer. I would like to clarify that XXXX, Experian, and XXXX do not have my consentneither written nor verbalto furnish my information. Therefore, I hereby revoke any and all prior consent granted to these agencies, regardless of the form it may have taken. 

The Gramm-Leach-Bliley Act, specifically 15 USC 6802 ( b ) ( c ), stipulates that a financial institution may not disclose nonpublic personal information to nonaffiliated third parties unless the consumer is informed of how to exercise their nondisclosure options. I was never informed of my right to opt out of such disclosures.

Additionally, 15 USC 1681c ( a ) ( 5 ) prohibits consumer reporting agencies from reporting any adverse item of information that predates the report by more than seven years, unless authorized under subsection ( b ). Therefore, any adverse accounts being reported without my consent violate this law. According to 15 U.S. Code 1681s2 ( A ) ( 1 ), no person should furnish information to a consumer reporting agency if they know or have reasonable cause to believe that the information is inaccurate.

Moreover, 15 U.S. Code 1681e mandates that consumer reporting agencies maintain reasonable procedures to avoid violations of Section 1681c and limit the furnishing of consumer reports to permissible purposes outlined in Section 1681b. It is evident that XXXX, Experian, and XXXX are not adhering to these standards. 

In adherence to 12 CFR 1016.7, I am exercising my right to opt out of your reporting services effective immediately. Additionally, per 18 U.S.C. 1028 ( a ) ( 1 ) ( 2 ) ( 3 ) ( 4 ), producing, transferring, or possessing unlawfully obtained identification documents with the intent to create false identification documents is a serious offense, punishable by substantial fines and imprisonment. 

Furthermore, 15 USC 1681c ( a ) ( 5 ) reiterates that no consumer reporting agency may report adverse items of information that predate the report by more than seven years, unless authorized. The accounts being reported without my permission are in violation of this law. As stated in 12 CFR 1016.7, consumers may exercise their right to opt out at any time, and I am formally opting out of your reporting services.

Finally, according to 18 U.S.C. 894, any participation in the collection of credit through extortionate means is a criminal offense. Information on my report has been exchanged without my consent to unverified third parties, facilitating identity theft and the unlawful collection of credit by extortionate means. Whoever willfully complies with such collections shall be fined under this title or imprisoned not more than 20 years, or both.

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