Consumer complaint received 2024-10-19 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: MI

Complaint narrative:
Subject : Formal Complaint and Cease & Desist Notice Regarding Reporting of Late Payments Dear CFPB, I am writing to file a formal complaint regarding Experian 's continued violation of the Fair Credit Reporting Act ( FCRA ) by refusing to cease and desist from disclosing my nonpublic personal information, specifically late payments on Account # XXXX with XXXX XXXX , to non-affiliated third parties such as XXXX, XXXX, and Experian. 
Despite my previous attempts to resolve this issue, Experian has persisted in sharing this information, which I consider to be a clear breach of federal privacy laws. I am requesting your assistance in addressing this ongoing issue and protecting my consumer rights. 
Cease & Desist Notice This letter serves as a formal Cease & Desist Notice to Experian. I demand that Experian immediately stop reporting my late payments and any nonpublic personal information to third parties. Should this practice continue, I intend to pursue litigation under the FCRA and FDCPA to recover any monetary damages I may be entitled to under the law. 
Fair Credit Reporting Act Violation Experian 's continued reporting of late payments violates my rights under the FCRA, as it constitutes communication of nonpublic personal information. According to 15 USC 1692a ( 2 ), the term communication includes the conveying of information regarding a debt, either directly or indirectly, through any medium. By furnishing late payments to third-party credit reporting agencies, Experian is in direct violation of this provision. 
Additionally, 15 USC 6802 ( b ) prohibits financial institutions from disclosing nonpublic personal information to non-affiliated third parties without the explicit consent of the consumer. Experian has failed to provide any opportunity for me to opt out of this information sharing, which is also a violation of 15 USC 6802 ( b ) ( 1 ) ( B ). 
Violation of Consumer Rights Experian 's actions infringe upon my consumer and privacy rights. Not only have they shared my nonpublic personal information without my consent, but they have also failed to provide any clear and conspicuous options for opting out of such disclosures. This is in direct violation of 15 USC 6802 ( b ) ( 1 ) ( C ), which requires an explanation of how a consumer can exercise their right to prevent nonpublic personal information from being disclosed. 
To date, I have not been provided with any opt-out options, forms, notices, or clauses as required by law, either in the original agreement or on Experians website. If Experian asserts that these options were provided, I request that they furnish the original agreement demonstrating the provision of such options, as well as my ability to opt out. 
Request for CFPB Action I am asking the CFPB to take the following actions : Investigate Experian 's failure to comply with the FCRA and federal privacy laws regarding the disclosure of nonpublic personal information. 
Enforce Experians immediate cessation of reporting my late payments to non-affiliated third parties. 
Require Experian to provide an opt-out option for consumers in accordance with federal law and their privacy policy.

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