Consumer complaint received 2024-02-20 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:
20 USC 1232g ( b ), the Family Educational Rights and Privacy Acts ( FERPA ), a federal law enacted in 1974 that protects the privacy of student education records and applies to public or private elementary, secondary or post-secondary schools. The Dept of Education are violating my rights and disclosing personal information to a third-party.

Also according to 15 USC 1681b, which is backed up by the P.L. 90-321 ( 82 Stat. 146 ) Permissible purposes of consumer report, I did not give my permission or consent to add anything to my consumer report. It is also a violation of the Fair Credit Reporting Act.

15 USC 1681c, Requirements relating to information contained in consumer report * Except and authorized under subsection ( b ), no consumer reporting agency my 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.

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( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be.

( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

. Again they need prior written instruction of the individual to whom it relates.

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Section 3711 ( e ) of title 31 States 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if : E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; This violates FERPA, the Fair Credit Reporting Act and Privacy Act of 1974.

I reserve my right to privacy and these Consumer reporting agencies are violating my rights to privacy.

Thd Fair Credit Reporting Act 15 USC 1681 states that " 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. '' 15 USC 6801 also states, 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. '' As XXXX XXXX do not have my verbal consent and definitely do not have or have had my written permission to report this information. 15 USC 6802 ( b ) ( c ) states that Dept of Education, " A financial institution may not disclose nonpublic personal information to a nonaffiliated third partyunless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The Dept of Education has never informed me of my right to exercise my nondisclosure option. Nonetheless,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 antedates the report by more than seven years. '' This account is an adverse item they are reporting 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. 15 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. 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.

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Experian and XXXX Account XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

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