Consumer complaint received 2024-02-20 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: NY

Complaint narrative:
As per the Fair Credit Reporting Act ( FCRA ), Act, 15 U.S.C 1681, under section 602 ( a ) Congress makes the following finding regarding Accuracy and fairness of credit reporting, it states in part ( 4 ) of this section " 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. Be advised that my privacy, as the consumer, has been violated under this and numerous parts of this Act by the following consumer reporting agencies : Experian and XXXX. 

Under 15 U.S.C 1681a ( 2 ) ( A ) ( i ), the Act indicates, that a consumer report does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report. The consumer reporting agencies ( Experian and XXXX ) have, and continue to, provide my report containing information solely as to transaction history between myself, the consumer, and the person making the report XXXX. 

Under 15 U.S.C. 1681b, the Act, states : 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, Experian, and XXXX do not have my consent to furnish this information, nor do they have my written consent. Any and ALL consent to Experian, XXXX, and XXXX whether it be verbal, non-verbal, written, unwritten, implied, or otherwise is revoked. 

Under 15 U.S.C. 1681c ( a ), the Act, states, Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) 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 being reported, to reiterate, without my permission, which is against the law.

15 U.S. Code 1681e states, ( a ) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [ 1681c ] and to limit the furnishing of consumer reports to the purposes listed under section 604 [ 1681b ] of this title. Unfortunately, Experian and XXXX are not maintaining reasonable procedures. Also under this section ( b ) of the Act, it states Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

It is my right, as indicated by 15 U.S.C 6801, to ensure my private information is not shared. It is the policy of 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. XXXX is a financial institution by definition under that title. 

According to the Privacy Act of 1974, 5 USC 522a ( b ), 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 [ subject to 12 exceptions ]. Since in fact, I did not provide my written consent, Experian, XXXX, and XXXX all have violated my rights under the Privacy Act of 1974.

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