Consumer complaint received 2024-01-19 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: AZ

Complaint narrative:
No agency shall disclose any records 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 consent of the individual to whom the record pertain to ( PRIVACY ACT 1974 ) ( 15usc552a ). A consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer ( 15usc1681 ( c ) ( 3 ) ) ( FCRA ). A non-affiliate third-party that receives from a financial institution non-public person information shall not directly or through an affiliate of such receiving third-party disclose such information to any other person that is a non-affiliate, third-party of both the financial institution and such receiving third-party, unless such disclosure will be lawful, if made directly to such other person by the financial institution ( 15usc6802 ( c ) ) ( FCRA ). Any person who obtains a consumer report from a consumer reporting agency, under false pretense, on knowingly without a permissible purpose, shall be liable to the consumer reporting agency for actual damages, sustained by the consumer reporting agency shall pay { {$1000.00} } ( 15usc1681 ( n ) ( b ) ) ( FCRA ). 
XXXX, Experian and XXXX do not have my consent, verbal, non-verbal, written, non-written to share my information with any financial institution. This is a violation of the Privacy Act 1974. According to the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) 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. '' XXXX and XXXX 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. '' 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) 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 antedates 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. 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. Furthermore, 15 USC 6802 ( b ) ( c ) explicitly states that Credit Bureaus are prohibited from disclosing nonpublic personal information to any nonaffiliated third party unless the consumer has been informed of their right to restrict such disclosures. Regrettably, I was completely unaware of this investigation until after its conclusion, which directly contradicts both the policy and intent of the Privacy Act of 1974. I appreciate your immediate attention to this matter and your commitment to resolving this issue in a fair and just manner.

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