Consumer complaint received 2024-07-04 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: MA

Complaint narrative:
Per the FCRA as a federally protected consumer, I am revoking & opting out of any and all authorization, I the consumer may have given XXXX, XXXX, & Experian, written, verbal, & nonverbal for reporting on the XXXX XXXX XXXX XXXX  ( AS DISPLAYED ON MY CREDIT REPORT ) per 15 USC 6802 for the months from XXXX XXXX XXXX XXXX According to the Fair Credit Reporting Act 15 USC 1681 section 602, it states : '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, XXXX and Experian are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared, which is backed by 15 USC 6801, which states : 'It is the policy of the 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. ' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604, section 2 states 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. ' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX, and Experian do not have my consent to furnish this information, and they surely do not have my written consent. Any and all consent to XXXX, XXXX, Experian, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied, or otherwise is revoked regarding the XXXX XXXX XXXX 15 USC 6802 ( b ) ( c ) states that 'A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is given an explanation of how the consumer can exercise that nondisclosure option. ' ( Furnisher of information to credit agencies ) XXXX, XXXX, & Experian NEVER informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 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 antedate the report by more than seven years. ' This account is an adverse item they are reporting again without my permission, which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states : '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. 

U.S. Code 1681e states : '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. ' Please provide evidence of my written consent that authorized your company to list this adverse item on my report. If you can not provide that to me, you are in violation of the Fair Credit Reporting Act and the Privacy Act of 1974. 
In addition pursuant to 15 USC 1681c Any other Adverse items other than convictions of crimes are not allowable unless consumer provides written consent. Again, please provide evidence of my written consent that authorized your company to list this adverse item on my report. 

XXXX, XXXX and Experian are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that 'A consumer may exercise the right to opt-out at any time. ' I am opting out of your reporting services on the XXXX XXXX  account ending in XXXX. In addition, the XXXX XXXX is designated a charge off account. Per 26 U.S. Code 108 Charge off accounts are a certificate of indebtedness and therefore considered income & income can not be reported on your credit report and the status Charge Off must be immediately removed from the report supported by IRS Publication 4681. Any authorization verbal nonverbal written non written I am now rescinding the authorization on Reporting of XXXX XXXX for XXXX XXXX account via 15 USC 6802 & 16 CFR 313.7 & whatever authorization XXXX, Experian, XXXX XXXX thought they had regarding the reporting of the derogatory information on XXXX XXXX XXXX XXXX XXXX AS DISPLAYED ON MY CREDIT REPORT ) no longer has and is effective immediately and indefinitely. In addition, The payment status on this account is inaccurate and invalid. Experian XXXX and XXXX are required to report the maximum possible accuracy of any information that your company reports. Please verify these late payments. If you can not verify it, please update these these late payments and the account to Paid As Agreed Never Late ( PAANL ) permanently and update the account. Provide documentation showing this account is indeed late, or it will be a violation of 15 U.S.C. 1666b,15 U.S.C 1637a ( a ) and a violation of 15 U.S.C. 1681s-2 The late payments are to be updated as paid as agreed PAANL and the charge off status for the XXXX XXXX account is to be removed from my Credit Report effective immediately.

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