Consumer complaint received 2024-11-04 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: PA

Complaint narrative:
I would like to make a formal complaint against Experian for engaging in discriminatory practices, blatant disregard for my federally protected consumer rights and willful noncompliance with my consumer rights as outlined under various federal laws, specifically the right to opt out of reporting certain accounts. This is the second notice requesting compliance with my opt-out request. Unlike XXXX EXPERIAN has ignored my request as a consumer to exercise my federally protected rights to privacy and confidentiality. Additionally, as a Federally protected consumer, I am once again OPTING-OUT of ANY and ALL authorization, I the consumer MAY have given EXPERIAN ( verbally, non-verbally, written, non-written, electronically or non-electronically ) until further notice. Specifically, EXPERIAN has failed to honor my request to Opt Out of reporting the following accounts : XXXXXXXX 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 On XX/XX/year>, I submitted a formal request to Opt Out of reporting the above accounts on my consumer report.as of XX/XX/year> EXPERIAN has FAILED In my request , I explicitly stated that I was NOT requesting an investigation ( computer code generated ) but was exercising my right to Opt Out of reporting the above accounts, due to not receiving the required disclosures under 15 USC 6802 ( b ), 16 CFR 313.7 ( a ), and 12 CFR 1016 ( a ) ( 1 ) ( 2 ), or PROVIDING the disclosures as proof of my permission/authorization for EXPERIANs LAWFUL right to report the above accounts to my consumer report. 

Fundamental Principles : Right to Opt-Out of Reporting Certain Accounts ( 15 U.S.C. 6802 ) This statute provides consumers with the right to restrict the sharing of their nonpublic personal information with non-affiliated third parties. This section mandates that financial institutions must provide consumers with disclosures about their privacy policies and practices. Despite my requests, EXPERIAN has failed to provide these disclosures. Experian 's failure to acknowledge and honor this opt-out request constitutes a clear violation of this fundamental right.

Opt-Out Implementation and Compliance ( 12 C.F.R. 1016.7 and 16 C.F.R. 313.7 ) These regulations set forth the procedures by which consumers can opt out and obligate companies to provide reasonable methods for consumers to exercise this right. Experians continued non-compliance, even after a prior notice, underscores their willful neglect of these regulatory requirements. 

Willful Non-Compliance ( 15 U.S.C. 1681n ) This section of the Fair Credit Reporting Act ( FCRA ) imposes liability on any entity that willfully fails to comply with its provisions. Experian 's actions reflect a pattern of willful non-compliance, thus subjecting them to potential punitive damages and other legal repercussions. 

My federally protected consumer rights to privacy and confidentiality under the FCRA : 15 USC 1681 602 ( a ) : Asserts the need to protect consumer privacy and the confidentiality of information furnished to consumer reporting agencies.

15 USC 1681 604 ( a ) ( 2 ) : Limits the circumstances under which a consumer reporting agency may furnish a consumer report. 
15 USC 1681 ( c ) ( a ) ( 5 ) : Outlines conditions under which adverse information may be included in a consumer report. 

Enforcement Agencies and Sanctions : Consumer Financial Protection Bureau ( CFPB ) The CFPB is tasked with enforcing federal consumer financial laws. They have the authority to impose sanctions such as fines, restitution, and mandates for corrective actions. The CFPBs role is pivotal in ensuring consumer rights are upheld and financial institutions adhere to legal standards. 

Federal Trade Commission ( FTC ) The FTC enforces the FCRA and other consumer protection laws. They have the power to impose civil penalties, seek injunctions, and mandate corrective actions to prevent further violations. The FTCs enforcement capabilities are crucial in deterring violations and ensuring compliance.

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