Consumer complaint received 2024-08-22 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: MD

Complaint narrative:
As per the Fair Credit Reporting Act, 15 USC 1681 Section 602 ( a ), it is clearly stated that 'There is a need to ensure that consumer reporting agencies uphold their significant responsibilities with fairness, impartiality, and a strong regard for the consumer 's right to privacy. ' XXXX, Experian, and XXXX operate as consumer reporting agencies, and I am entitled to the protections afforded to me as a consumer. Furthermore, under 15 USC 6801, Congress has established that 'It is the policy of Congress that each financial institution is obligated to continuously and affirmatively respect the privacy of its customers and safeguard the security and confidentiality of their nonpublic personal information. ' This underscores my right to protect my private data from unauthorized access and sharing.

Under the definition provided in 15 USC 6809, a 'furnisher of information to credit agencies ' qualifies as a financial institution. According to 15 USC 1681, Section 604 ( a ) ( 2 ), it is stated 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. ' As a financial institution, the furnisher of information, along with the consumer reporting agencies XXXX, XXXX, and Experian, do not have my permission to furnish this information, and they certainly do not have my written consent to do so. 

I hereby revoke any and all consentwhether verbal, non-verbal, written, implied, or otherwisepreviously given to XXXX, XXXX, and Experian, or any furnisher of information to credit agencies. According to 15 USC 6802 ( b ) ( c ), 'A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is provided with a clear explanation of how they can opt out of such disclosure. ' The furnisher of information to credit agencies never informed me of my right to exercise my nondisclosure option, which is a violation of this requirement.

Additionally, 15 USC 1681c ( a ) ( 5 ) clearly states that 'Except as authorized under subsection ( b ), no consumer reporting agency may include in any consumer report any adverse information, other than records of convictions of crimes, which antedates the report by more than seven years. ' The account in question is an adverse item that is being reported without my permission, which is a clear violation of this statute. The continued reporting of this information is not only unauthorized but also illegal under federal law. 

According to 15 U.S. Code 1681a ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; This clearly states that any credit report containing my transaction history is illegal. Which all credit agencies Experian, XXXX, and XXXX are in violation of. 

According to 15 U.S. Code 1681s-2 ( A ) ( 1 ) ( A ), '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. ' Additionally, 15 U.S. Code 1681e mandates that '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 failing to uphold these requirements by not maintaining reasonable procedures to prevent the dissemination of inaccurate information. 

15 U.S. Code 1681n - Civil liability for willful noncompliance also states " Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; '' I expect full compensation from all 3 firms which I have the right to under the law, as it clearly states that I was violated. 

Furthermore, under 12 CFR 1016.7, 'A consumer may exercise the right to opt out at any time. ' Therefore, I am formally opting out of your reporting services, as is my right under the law.

As the CFPB is the proper agency to enforce my rights according to 15 USC 6805, ( 8 ) Under subtitle E of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5561et seq. ], by the Bureau ofConsumerFinancial Protection, in the case of anyfinancial institutionand other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards undersection 6801 of this title. 

I kindly ask the great people of the CFPB to enforce my rights, and the credit agencies who have violated my rights, to grant all remedies and requests I make in the lower section of the fair resolution page. Thank you. 

XXXX

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