Consumer complaint received 2024-04-14 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: MI

Complaint narrative:
Credit reporting agencies Experian, XXXX and XXXX are in clear violation of various Consumer laws including the Fair Credit Reporting Act, their own security agreement with the SEC under 17 CFR 424 and refuse to rectify the matter with me, the consumer.

15 USC 1681c Requirements relating to information contained in consumer reports states that : ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), 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. So you can clearly see how the following is unlawful.

The law states that any information obtained from a third party is a violation of the Privacy Act of 1974 ; furthermore, credit reporting agencies must do accurate accounting, my report must look the same across every agency, and my privacy must be protected per 15 USC 1681a. a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) 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.

Equifax is in clear violation of willful noncompliance under 15 USC 1681 after telling me the changes were being made and supplying me with the confirmation number : XXXX and phone number confirmation XXXX yet my account was never put into dispute and no changes were made to my consumer report. XXXX did remove a non-mailable address from my report that Experian and XXXX did not. This must be removed as all the reports must be the same. 

The IRS Publication 4681 states that if you owe a debt to someone else and they cancel or forgive that debt for less than its full amount, you are treated for income tax purposes as having income and may have to pay tax on this income. This income can not be on my consumer report, so all charge-offs must be removed. The debt was sold to a third party that I have no contract with or obligation to. Furthermore, the charge-off created a certificate of indebtedness which means it created income that can not be reported on my credit report. Updated charge offs to paid as agreed. 

All hard inquiries must be removed from my credit report Per 15 USC 1681 Permissible purposes, if it's not an open account on my credit report they must remove the inquiry. This is also communication with a third party which is a violation of the Privacy Act of 1974.

The law also states that it is illegal to report transaction history ; therefore, stop reporting the student loans on my report per The Family and Educational Privacy Act of 1974. This act says that the school would not provide transaction history to any third party. Also codified into law as 34 CFR 99 ( Family Educational Rights and Privacy ). Per USC 20 1232g - ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following ( D ) in connection with a students application for, or receipt of, financial aid ; Keep good payment history of student loans but stop reporting student loans on my report per the law as the good transaction history is not adverse information.

According to the Fair Credit Reporting Act 15 USC 1681- 602a states " 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. '' I have the right to protect my personal information and make sure it isnt shared, supported by 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. XXXX XXXX and XXXX on my report are financial institutions by that definition. 

Per 15 USC 1681 604a2 : " 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. '' I, the consumer, am supposed to be notified anytime anything is to be added to my report and give my written consent which I did not provide. If anything in my report was verified, I need all the documentation used to verify said information. Which I was not supplied with making the adverse information on my credit report unlawful again. 

Per 15 USC 6802 and CFR 313.7 I opt out of any and all communications with third parties and any and all consent I the consumer may have given these credit reporting agencies Experian, XXXX, XXXX and XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX 

Disputed the matter multiple times with each agency since the beginning of the year. With audio evidence I recorded my conversations with the credit agencies where the representative told me he is removing adverse information from my credit report per the law, but no action was taken. I feel personally violated and humiliated because I thought the changes were to occur having no reason not to believe they would be if these companies were abiding by the law. The unlawful adverse information on my credit report is preventing me from obtaining necessities in life causing great stress and these agencies are violating my consumer rights.

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