Consumer complaint received 2024-03-28 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: GA

Complaint narrative:
I am the agent XXXX, XXXX XXXX for the Principal XXXX XXXX making an attempt to opt of reporting services for the Consumer Portfolio Services Account Number XXXX with Experian. The Fair Credit Reporting Act or 15 USC 1681 section 602 states 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. Experian is a consumer reporting agency and I am the consumer, a natural person. As the consumer, I have the right to ensure my private information is not shared pursuant to 15 USC 6801. 15 USC 6801 states that It is the policy of congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers nonpublic personal information. In this case, Consumer Portfolio Services is a financial institution by definition in accordance with 15 USC 6801.

15 USC 1681 section 604 ( a ) section 2 references In general Subject to section ( 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. Consumer Portfolio Services who is the financial institution and the consumer reporting agency reporting on this account ( Experian ) DOES NOT have my consent to furnish this information or my written consent. Any and all consent to Experian, and Consumer Portfolio Services whether verbal, non-verbal, written, or implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose non public financial information to a non affiliated third party unless the consumer is given an explanation of how the consumer can exercise that non disclosure option. Consumer Portfolio Services has never informed me or notified me of my right to exercise my non disclosure option.

Additionally, 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 in fact an adverse item they are reporting without my permission which is against the law. 15 USC 1681s-2 ( A ) ( 1 ) 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 information is inaccurate. Furthermore, 15 USC 1681 ( e ) states that Every customer 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. Public Law 90-321 expounds on Title 15 Section 1681 and states consumer credit should only be pulled for Child Support provisions Finally, pursuant to 12 CFR 1016.7 A consumer may exercise the right to opt out at any time. I am opting out of your reporting services.

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