Consumer complaint received 2024-02-22 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: FL

Complaint narrative:
EXPERIAN, XXXX, AND XXXX is in violation of multiple laws set forth by CongreXXXX in regards to the following accounts currently on my credit report as of XX/XX/XXXX : XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX-which sold the alleged debt to XXXX XXXX. 

Pursuant to 15 U.S. Code 1681 ( a ) ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) 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. ( b ) Reasonable procedures - It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 

These consumer reporting agencies ( Experian, XXXX, XXXX ) have ASSUMED the role. & ASSUMING this role they are required to adopt reasonable procedures in a manner that is FAIR AND EQUITABLE to ME ( the consumer ). The consumer report they ( Experian, XXXX, XXXX ) are reporting about me is completely unfair because I have been denied credit extensions time and time again all because they are CHOOSING to report my personal non-public information on my credit report for companies to see. 

Pursuant to 15 U.S. Code 1681a ( d ) ( 2 ) ( A ) ( i ) states that the consumer report does not include any report containing information solely as to transactions or experiences ( payment history, charge off status, credit utilization ), between the consumer ( ME ) and the person ( Experian, XXXX, XXXX ) making the report. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, & XXXX accounts to be updated as paid as agreed, never late. 

XXXX XXXX XXXX XXXXwhich sold the alleged debt to XXXX XXXX can not collect on a discharged debt. This is now considered a certificate of  indebtedness via the IRS publication and income can not be reported. The IRS defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate. I provided a screenshot from the IRS website. By Definition, the IRS says a Canceled debt or Charge off is Income.

The reporting of this account as a debt is inaccurate. I never received a 1099-C from XXXXXXXX XXXX XXXX XXXX for the canceled debt of ( $ XXXX ) ( $ XXXXXXXX XXXX-which sold the alleged debt to XXXXXXXX XXXX [ which keeps getting higher every month ] & $ XXXX Bank which sold the alleged debt to XXXX XXXX  ) in order to file as ordinary income. XXXX XXXX XXXX XXXX sold the alleged debt to XXXX XXXX is clearly writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than {$600.00}. XXXX XXXX XXXX XXXXwhich sold the alleged debt to XXXX XXXX have all been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. 

I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a.

Pursuant to 15 U.S. Code 1681b ( a ) ( 2 ) In accordance with the written instructions of the consumer to whom it relates. This means the credit reporting agencies are not suppose to be furnishing my consumer report without my consent. I want all inquiries removed from my credit report. I did not consent to having my credit run through every last bank for an auto loan in which they were ALL DENIED. Knowing that I shouldn't be denied anything since they used my social security number and signature on an application that made it a security and they turned into a receivable and transferred to a third party. 

According to 16 CFR Part 313 PRIVACY OF CONSUMER FINANCIAL INFORMATION, pursuant to 15 USC 6801 ( a ) Privacy obligation policy- It is the policy of the Congress XXXXhat 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. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 

Respecting my privacy, security, and confidentiality of my nonpublic personal information is an obligation of XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX, XXXX XXXX sold the alleged debt to XXXX XXXX. Experian, XXXX, and XXXX are aware of the information being reported as non-public personal information and still chose to report it anyway which is an inconvenience to me as it has set me up for a less than poor credit score and I can not get approved for a car, apartment, or credit cards.

Pursuant to 15 USC 6802 ( 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. 
& 16 CFR 313.7 Form of opt out notice to consumers ; opt out methods. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 

Experian, XXXX, and XXXX have nothing to do with my transactions with XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX, XXXX XXXX sold the alleged debt to XXXX XXXX. Theyre disclosing my nonpublic personal information. My name and address is public information but my transactions are nonpublic personal information. Giving non affiliated third parties my nonpublic personal information is an invasion of my privacy. I have a choice to opt out and I wasnt given the opportunity to exercise my right. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I want all accounts ( XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, & XXXX ) updated as paid as agreed, never late. & I want XXXX XXXX XXXX XXXXwhich sold the alleged debt to XXXXXXXX XXXX deleted, blocked, and removed from my credit report. 

Lastly, Pursuant to 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010, 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.

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