Consumer complaint received 2024-12-02 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: CO

Complaint narrative:
There are inaccurate accounts being furnished that are adversely affecting my life, such as XXXX, Department of education, car financial services..etc, According to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, Section 602 ( a ), it is stated : 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. 

XXXX, as a consumer reporting agency, is obligated to respect my rights as a consumer. I have the right to ensure that my private information is not disclosed without my consent. This is further supported by 15 U.S.C. 6801, which states : 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. 

A furnisher of information to credit agencies qualifies as a financial institution under this definition. Furthermore, 15 U.S.C. 1681, Section 604 ( a ) ( 2 ) specifies : 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. 

Neither the furnishers of information nor XXXX have my consent to furnish or disclose my information. Additionally, no written consent has been provided by me, and any implied, verbal, or other forms of consent are hereby revoked. 

Under 15 U.S.C. 6802 ( b ) ( c ), financial institutions are prohibited from disclosing nonpublic personal information to non-affiliated third parties unless : 1. The consumer is informed of their right to opt out.

2. The consumer is provided with a clear explanation of how to exercise this nondisclosure option.

At no point have I been informed of my right to opt out or been provided with the required disclosures. This omission is a violation of my rights.

Additionally, 15 U.S.C. 1681c ( a ) ( 5 ) states : 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.

The accounts in question are adverse items being reported without my permission, which is a violation of the law. Moreover, 15 U.S.C. 1681s2 ( A ) ( 1 ) ( A ) declares : 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.

Under 15 U.S.C. 1681e, consumer reporting agencies are required to : Maintain reasonable procedures designed to avoid violations of section 1681c and to limit the furnishing of consumer reports to the purposes listed under section 1681b. 

XXXX has failed to maintain reasonable procedures as required by law. Furthermore, under 12 CFR 1016.7, it is explicitly stated : A consumer may exercise the right to opt out at any time. 

I am now exercising my right to opt out of your reporting services. XXXX is required by law to cease reporting or disclosing my personal information.

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