Consumer complaint received 2024-11-15 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: TN

Complaint narrative:
According to the law, the very existence of credit being reported requires consent from the consumer. Provide the written consent allowing Experian to start building the file- do not dance around the subject matter. Experian is responding to me through mail asking me to verify items on the report. What is in the report is a secondary issue. The primary issue is providing written consent to keep the records that have been reported.. This is my 3rd time having to submit a report on Experian so now, all assumed, inferred or implied authority Experian thought they had is now revoked indefinitely. Experian is to cease reporting any and ALL documentation since they are avoiding the obvious. It's unfathomable to think one can receive remedy by complaining to the one inflicting the harm and think they will hold themselves accountable. The process in and of itself is counterproductive. It's a conflict of interest as no company in their right mind would admit to the perpetual harm and fraud they continue to inflict. Experian was asked to provide written consent from me giving them authorization to report/maintain/publish my private information along with the documentation showing how they contacted me to verify that info prior to being published. Experian 's response is about their policy yet there is no law that allows for their brazen fraudulent behavior. Provide the laws that support your policy. Experian is to answer for each and every item being reported and provide the consenting documentation that allows for the reports very existence.

15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. ( 2 ) Exclusions : ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report.

***Question : Experian why are we reporting transaction history? Please advise as to where you received the consent to report and the documentation showing you verified the information and received consent to publish from me? *** Delete until Experian can provide written consent.

15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates.Where is the written consent to add anything to my consumer report without authorization? This is a violation of the Fair Credit Reporting Act. Delete until Experian can provide proof of written consent.

15 U.S. Code 1681c - Requirements relating to information contained in 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 : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. Delete all negative, adverse information or provide consent documentation.

15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users. 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

Experian is to provide the authority given for the soft inquiries being reported without consent for 2 years from them selling my information without a permissible purpose. Isnt this securities fraud? This is an official opt out. Stop selling my information to your affiliates - its creating accounts on the private side of the ledger that I am not benefitting from. What would the SEC have to say about this behavior? Provide the accounting for each and every soft inquiry being reported along with written consent from me.

( b ) Accuracy of report - 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. The violations continue to pile up. Experian is selling personal information going against the Privacy Act along with not reporting accurately. Experians report should match XXXX and XXXX since all three are in this slanderous business. Also, provide the written documentation showing Experian verified the accuracy of the information and received approval to report.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition - ( A ) Reporting information with actual knowledge of errors. 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. ( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if - ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

Experian is to provide the written consent to report any inaccuracies at all. Delete the record since you will not be able to produce what is being asked.

Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in XXXX to protect the privacy of student education records. Experian is to delete all items of such unless written consent to gather then report is produced.. 
PRIVACY OF CONSUMER FINANCIAL INFORMATION - REGULATION P -12 CFR 1016.1 Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.

This is non-public personal information and they stated they dont give out this information so how and why is Experian reporting it? They had no problem throwing Experian under the bus.

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.

15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of XXXX [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.

Experian has not provided me with a reasonable means to opt out of gathering, furnishing and maintaining the records they have so they are no longer able to report at all. The name XXXX XXXX is to be removed from Experian and their affiliates indefinitely. Yes, I have repeatedly asked that the consent allowing for the initial reporting be produced. Experian wants to respond with what their 3rd party affiliates have said. Where are the internal checks and balances? Experian has caused undue harm and stress willfully. Once they received the revocation of their assumed power of attorney to report any information, they are to send it in writing that my file has been deleted from their system of records.

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