Consumer complaint received 2025-01-30 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: MD

Complaint narrative:
On XX/XX/XXXX, the CFPB has filed a lawsuit against Experian for major failure to uphold the Fair Credit Reporting Act ( FCRA ) laws by failing to properly conduct reinvestigations of disputed information in consumer credit files ; failing to delete inaccurate, incomplete, or unverified information in consumer credit files ; failing to provide adequate written notice to consumers of the results of its reinvestigations ; failing to prevent the improper reinsertion of previously deleted information from consumer credit files ; and failing to follow reasonable procedures to assure maximum possible accuracy of the credit information Experian reports on consumers. In addition, the complaint alleges that Experian committed unfair acts or practices in violation of the Consumer Financial Protection Act of 2010 by ( 1 ) failing to convey consumers disputes to furnishers fully and accurately, and instead distorting, truncating, and mischaracterizing consumers disputes ; ( 2 ) relying excessively on furnishers to resolve disputes, routinely doing nothing more than sending the dispute to a furnisher and implementing the furnishers response, despite having evidence of that furnishers unreliability ; On XX/XX/XXXX I filed my own CFPB report to Experian for violations and illegal behavior under the FCRA with directives the inaccurate and unlawful information Experian has been reporting on my credit report. And exactly how the CFPB has alleged that Experian has failed to act and properly conduct their investigations correctly I am now a victim of this directly. Experian has failed to uphold the law, and if Experian fails to correct it's unlawful behavior I will be filing a pre-lawsuit and taking necessary steps legally to correct these inaccuracies and illegal behavior. 

I will provide here the inaccuracies and unlawful reporting on my credit report per individual law. 

Under the definition provided in 15 U.S.C. 6809, a furnisher of information to credit agencies qualifies as a financial institution. According to 15 U.S.C. 1681, Section 604 ( a ) ( 2 ), it is explicitly stated that : " In general, subject to subsection ( 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. '' As a financial institution, the furnisher of information to Experian, along with Experian itself, does not have my permission to furnish, collect, store, or distribute my consumer information. Furthermore, Experian does not have my written consent to do so. Therefore, I hereby revoke any and all consentwhether verbal, non-verbal, written, implied, or otherwisepreviously given to Experian or any furnisher of information reporting to Experian regarding the collection, use, or dissemination of my personal and financial data.

Additionally, under 15 U.S.C. 6802 ( b ) - ( c ), it is required that : " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is provided with a clear explanation of how they can opt out of such disclosure. '' At no point was I informed by Experian or any furnisher of information of my right to opt out of such disclosure, which is a direct violation of this statutory requirement. Given Experian 's failure to provide proper notice and obtain my explicit authorization, I demand the immediate cessation of any further collection, reporting, or distribution of my consumer information.

Additionally, 15 USC 1681c ( a ) ( 5 ) clearly states that 'Except as authorized under subsection ( b ), no consumer reporting agency may include in any consumer report any adverse information, other than records of convictions of crimes, which antedates the report by more than seven years. ' The account in question is an adverse item that is being reported without my permission, which is a clear violation of this statute. The continued reporting of this information is not only unauthorized but also illegal under federal law. According to 15 U.S. Code 1681a ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; This clearly states that any credit report containing my transaction history is illegal. Which Experian are in violation of.

Additionally, 15 U.S.C. 1681c ( a ) ( 5 ) explicitly states : " Except as authorized under subsection ( b ), no consumer reporting agency may include in any consumer report any adverse information, other than records of convictions of crimes, which antedates the report by more than seven years. '' The adverse accounts in question are being reported by Experian beyond the legally permissible timeframe and without my explicit consent, which constitutes a clear violation of this statute. The continued inclusion of this outdated and unauthorized information in my consumer report is not only improper but also illegal under federal law.

Furthermore, 15 U.S.C. 1681a ( 2 ) ( A ) ( i ) states : " Report containing information solely as to transactions or experiences between the consumer and the person making the report. '' This provision makes it clear that any credit report containing my personal transaction history is illegal. By continuing to collect, store, and distribute this information without my consent, Experian is in direct violation of this statutory exclusion.

Given these clear legal violations, I demand the immediate removal of this adverse information from my credit report and an official confirmation of compliance.

According to 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ) : " 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 the information is inaccurate. '' Additionally, 15 U.S. Code 1681e mandates : " Every consumer 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. '' Experian has failed to uphold these legal requirements by not implementing or maintaining reasonable procedures to prevent the dissemination of inaccurate information within my credit report. Their failure to ensure accuracy has resulted in direct harm to me.

Furthermore, under 15 U.S. Code 1681n - Civil Liability for Willful Noncompliance, the law states : " Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}. '' Given that Experian has willfully violated federal law, I am entitled to full compensation for damages under 15 U.S. Code 1681n. This includes actual damages I have incurred as a result of Experian 's noncompliance, as well as statutory damages up to {$1000.00} per violation.

I demand an immediate resolution, including the removal of any inaccurate, outdated, or improperly furnished information from my credit report and compensation for the damages I have sustained due to Experians willful violations of federal law.

Furthermore, under 12 CFR 1016.7, it is clearly stated : " A consumer may exercise the right to opt out at any time. '' Therefore, I am formally opting out of Experians reporting services, as is my right under federal law. I hereby revoke any and all consentwhether verbal, non-verbal, written, implied, or otherwisepreviously given to Experian regarding the collection, storage, reporting, or dissemination of my consumer data.

Additionally, 15 U.S.C. 6805 establishes the Consumer Financial Protection Bureau ( CFPB ) as the proper agency to enforce my rights, stating : " Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. '' As Experian is subject to CFPB enforcement, I respectfully request that the CFPB enforce my rights and require Experian to fully comply with my opt-out request, remove my consumer information, and cease all unauthorized reporting.

Furthermore, I demand that Experian be held accountable for violations of my rights, and I request that all applicable remedies and corrective actions be granted as outlined in the Fair Resolution page of this complaint.

Thank you. 

XXXX

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