Consumer complaint received 2024-11-20 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: SC

Complaint narrative:
Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, Section 602 ( a ), it is clearly stated : " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. '' As a consumer, I have the right to ensure my private information is not shared improperly. XXXX, Experian XXXX XXXX are consumer reporting agencies, and as outlined in 15 U.S.C. 6801, " It is the policy of 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. '' Under this definition, any furnisher of information to credit agencies qualifies as a financial institution. XXXXXXXX XXXX XXXX XXXX XXXX ARE BOTH financial institutions by definition under this title. 

Additionally, 15 U.S.C. 1681, Section 604 ( a ) ( 2 ) specifies : " A 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. '' Neither XXXX, Experian, XXXX nor any furnisher of information to credit agencies has my written consent to furnish or share my private information. Any consentwhether verbal, non-verbal, written, implied, or otherwiseis hereby revoked. 

Furthermore, 15 U.S.C. 6802 ( b ) ( c ) mandates 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. '' I was never informed of my right to exercise this nondisclosure option. This failure is a violation of my rights under the law.

15 U.S.C. 1681c ( a ) ( 5 ) also 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. '' The adverse item being reported on my credit file is in direct violation of this provision, as it has been reported without my consent.

Under 15 U.S.C. 1681s2 ( 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. '' XXXX, Experian XXXX XXXX have failed to adhere to 15 U.S.C. 1681e, which requires that " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c and to limit the furnishing of consumer reports to the purposes listed under section 1681b. '' This lack of reasonable procedures further demonstrates noncompliance.

Lastly, under 12 CFR 1016.7, " A consumer may exercise the right to opt out at any time. '' I am now exercising my right to opt out of your reporting services. XXXX, Experian, XXXX, any furnishers of information to these agencies are instructed to cease reporting my information, effective immediately.

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