Consumer complaint received 2024-08-28 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: OH

Complaint narrative:
According to the Fair Credit Reporting Act ( FCRA ) 15 USC 1681, Section 602 ( a ), consumer reporting agencies must exercise their responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. As XXXX, XXXX, and Experian are consumer reporting agencies, they are bound by these responsibilities. As a consumer, I have the right to ensure that my private information is not improperly shared. 

Additionally, under 15 USC 6801, it is Congress 's policy that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and protect the security and confidentiality of their nonpublic personal information. XXXX XXXX, as a furnisher of information to credit agencies, qualifies as a financial institution under this statute and is thus required to adhere to these obligations. 

It's important to note that the XXXX XXXX account in question is reported under different names by the three credit reporting agencies, creating further confusion : Experian reports the account as " XXXX Acct : XXXX. '' XXXX reports it as " XXXX XXXX XXXX XXXX XXXX XXXX Acct XXXX XXXX. '' XXXX reports it as " XXXX XXXX XXXX XXXX Acct : XXXX. '' Additionally, each agency reports a different number of days late for this account, further contributing to the inconsistency and inaccuracies across my credit reports. 

Over the past two years, I have disputed this issue 20 or more times through various channels, including the CFPB, XXXX, all credit bureaus, the FTC, filing a police report, and directly with XXXX XXXX. ( I will have attachment providing theses details ). Despite my efforts to report the inaccuracies and dispute the information, XXXX XXXX and the three credit reporting agencies have consistently failed to update the late payments to reflect an " OK '' status. Instead, they have wrongfully aligned these late payments with the month of the identity theft, leading to inconsistent reporting across multiple credit bureaus. 

Furthermore, after filing a police report and an FTC complaint, which clearly indicated that this matter is a result of fraud or identity theft, none of the credit bureaus blocked the disputed information within the mandated four-day period. They also failed to conduct the proper investigation as required by law. This lack of action is a violation of my rights under the FCRA.

15 USC 1681, Section 604 ( a ) ( 2 ) states that a consumer reporting agency may only furnish a consumer report in accordance with the written instructions of the consumer to whom it relates. Neither XXXX XXXX nor XXXX, XXXX, and Experian have my consent, written or otherwise, to furnish this information. 

Therefore, any and all consent to XXXX XXXX, XXXX, XXXX, and Experian, whether verbal, non-verbal, written, implied, or otherwise, is hereby revoked. 

Moreover, 15 USC 6802 ( b ) ( c ) stipulates that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is provided with an explanation of how they can exercise the nondisclosure option. XXXX XXXX failed to inform me of this right. 

Additionally, 15 USC 1681C ( a ) ( 5 ) states that no consumer reporting agency may include any adverse information in a consumer report that is more than seven years old, except as authorized under subsection ( b ). The account in question is an adverse item being reported without my permission, which is a violation of the law.

15 U.S. Code 1681s2 ( A ) ( 1 ) also clearly states that 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. XXXX XXXX, in this case, has furnished inaccurate information that negatively impacts my credit report. 

Finally, under 15 U.S. Code 1681e, every consumer reporting agency is required to maintain reasonable procedures to avoid violations of Section 1681c and limit the furnishing of consumer reports to the purposes listed under Section 1681b. It appears that XXXX, XXXX, and Experian are not maintaining these reasonable procedures. 

As per 12 CFR 1016.7, I am exercising my right to opt out of the reporting services.

Given the discrepancies in how my account is reported, the repeated failure to update the late payments to " OK, '' the unauthorized furnishing of my information, and the credit bureaus failure to respond appropriately to my reports of identity theft, I urgently request the removal of the late payment from my credit report. Please note that I am not requesting the immediate deletion of the account, only the correction of the inaccurate late payment.

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