Consumer complaint received 2025-08-20 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: Experian Information Solutions Inc.
State: TX

Complaint narrative:
According g to 15 U.S.C. 6802 is a provision of the Gramm-Leach-Bliley Act ( GLBA ) that governs the disclosure of nonpublic personal information by financial institutions. Heres a breakdown of its key points : XXXX. Obligations on Financial Institutions Financial institutions must provide notice and opt-out opportunities to consumers before disclosing their nonpublic personal information to nonaffiliated third parties. 

XXXX. Notice Requirements Institutions must provide a clear and conspicuous notice about their privacy policies and practices. 
This notice must describe what information is collected, how it is used, and with whom it is shared. 

XXXX. Consumer Right to Opt-Out Consumers must be given a reasonable opportunity to opt out before their information is shared with nonaffiliated third parties. 
If a consumer opts out, the institution can not disclose their nonpublic personal information to nonaffiliated third parties ( except as permitted by law ). 

XXXX. Exceptions to Opt-Out Requirement There are exceptions where financial institutions can share nonpublic personal information without consumer opt-out, including : When sharing with service providers or joint marketing partners under strict confidentiality agreements. 
When required by law ( e.g., law enforcement investigations ). 
When necessary for transactions authorized by the consumer. 

XXXX. Relation to Other Privacy Protections This section works alongside 15 U.S.C. 6803, which mandates that financial institutions must annually notify customers of their privacy policies.

ALSO 15 U.S.C. 1681b is a section of the Fair Credit Reporting Act ( FCRA ) that governs the permissible purposes for which a consumer report ( commonly referred to as a credit report ) can be obtained.

Key Provisions of 15 U.S.C. 1681b 1. Permissible Purposes for Obtaining a Consumer Report A consumer reporting agency ( CRA ) may provide a consumer report only under specific circumstances, including : With the consumers written permission For employment background checks ( with additional notice and consent requirements ). 
In connection with a credit transaction When a consumer applies for credit ( e.g., loans, credit cards, mortgages ). 
For insurance underwriting To determine eligibility for insurance coverage. 
For employment purposes Including hiring, promotion, retention, or reassignment decisions. 
Employers must obtain written consent and comply with disclosure requirements. 
For government-licensed businesses When determining eligibility for government benefits or financial assistance. 
For legitimate business needs In transactions initiated by the consumer ( e.g., renting an apartment ). 
For court orders or subpoenas A CRA must comply with federal grand jury subpoenas and court orders. 

XXXX. Restrictions on Marketing & Prescreened Offers CRAs can provide consumer reports for prescreened credit or insurance offers, but consumers must be given the option to opt out of such offers under 15 U.S.C. 1681b ( e ). 

XXXX. Prohibited Uses A consumer report can not be obtained for unauthorized or personal reasons, such as curiosity or discrimination. 
Misusing credit reports can result in civil and criminal penalties. 

I DID NOT GIVE WRITTEN PERMISSION FOR THE ABOVE Lastly, 18 U.S.C. 1028A is a federal criminal statute that addresses aggravated identity theft. It establishes enhanced penalties for individuals who unlawfully use or transfer another persons identity in connection with certain felonies. 

Key Provisions of 18 U.S.C. 1028A XXXX. Aggravated Identity Theft ( Subsection ( a ) ) It is a federal crime to knowingly transfer, possess, or use, without lawful authority, another persons means of identification during and in relation to certain felony offenses. 
The term means of identification includes names, Social Security numbers, drivers license numbers, and other personal identifying information. 

XXXX. Mandatory Sentences ( Subsection ( b ) ) Conviction under this statute carries a mandatory additional sentence of : XXXX years for most felony offenses. 
XXXX years if the identity theft is related to terrorism offenses. 
This sentence is in addition to the punishment for the underlying felony ( it must run consecutively ). 

XXXX. Predicate Offenses ( Subsection ( c ) ) The aggravated identity theft must be linked to certain crimes, including : Fraud-related crimes ( e.g., bank fraud, mail fraud, wire fraud ). 
Immigration violations. 
Social Security fraud. 
Citizenship or passport fraud. 
Theft of government benefits. 
Terrorism-related crimes. 

XXXX. No Probation or Concurrent Sentences ( Subsection ( b ) ( XXXX ) ) Courts can not impose probation or allow the sentence for aggravated identity theft to run concurrently with the underlying felony sentence. 

Significance of 18 U.S.C. 1028A This law is particularly harsh because it requires an automatic consecutive prison term, making it a powerful tool for prosecutors in identity theft cases.

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