Consumer complaint received 2024-01-26 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: PA

Complaint narrative:
I am submitting this complaint due to previous investigation I believed was dismissed and not taken in serious consideration for a debt that was owed to XXXXXXXX XXXX XXXX but obtained by XXXX unlawfully. There were several violations not held to the importance that I believe they should have. 


The company that has tried to receive monetary gain for a debt that they inherited without any permission of I, the consumer, is in violation. The previous balance owed to the company XXXX XXXXXXXX XXXX was submitted as a Charge-Off. For reference : For tax years ending on or after XX/XX/XXXX, a bank ( or financial institution ), within the meaning of IRC 581,1 may obtain a conclusive presumption of worthlessness for bad debts that it owns by making a conformity election under Treas. Reg. 1.166-2 ( d ) ( 3 ). Under this election, a debt charged off for regulatory purposes is conclusively presumed to be worthless, in whole or in part, if either ( 1 ) the charge-off results from a specific order from a regulatory authority or ( 2 ) the charge-off corresponds to the bank 's classification of the debt as a " loss asset ''. Additional information will be provided by I, the consumer for the canceled debt, or charge off of the loan. The canceled debt would be considered income by the Internal Revenue Service, in which it would be filed as taxable income. Income would not be something reflected up my credit report. This violation is in addition to the furnishing of my account without my written consent to do so, as well as my nonpublic personal information including my name and employment under the Privacy Rule of the Gramm-Leach-Bliley Act that was enacted in 1999. These reports were posted 3 times and were a violation each time.

Privacy Act of 1974 ( 5 U.S. Code 552a ) ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( b ) Conditions of Disclosure.No agency shall disclose any record 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 request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

Again they need prior written instruction of the individual to whom it relates.

Continued : Section 3711 ( e ) of title 31 States " ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if : ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information. '' Either way they have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974.

According to 15 USC 6801, this law states : " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of it's customers and to protect the security and confidentiality of those customers ' nonpublic personal information. XXXX XXXX XXXX & would qualify as a financial institution under that title. These parties along with the consumer reporting agencies Experian and XXXX do not have my consent nor written consent to furnish this information. Going by 15 USC 1681 section 604 a section 2 " 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. '' Any consent and all consent to the consumer report agencies Experian, XXXX and the financial institutions XXXX XXXX whether a verbal, non-verbal, written, implied or otherwise is of this day, revoked. I also, the companies XXXX XXXX and XXXX XXXX XXXX never informed me of my right to exercise a nondisclosure option in this juncture. This is described 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 this nondisclosure option ''. In addition, 12 CFR 1016.1 ( a ) Purpose. " This part governs the treatment of nonpublic personal information about consumers by the financial insitutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices. '' Moving along, in 15 USC 1681C ( a ) ( 5 ) " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. The account that is published is an example of an adverse item they are reporting without written consent and permission which is directly against the law. The code 15 U.S. Code 1681s2 ( A ) ( 1 ) A. states " 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. 15 U.S. Code 1681e states " 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. The consumer reporting agencies Experian and XXXX are not practicing the maintenance of reasonable procedures. In addition to everything given, 12 CFR 1016.7 states verbatim : " A consumer may exercise the right to opt out at any time. '' I hereby opt out at this time. 

In addition, I would like XXXX XXXX XXXX XXXX XXXX XXXX to provide proof of anything that contradicts the rules I have stated that they violated in this complaint here today.

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