Consumer complaint received 2024-11-23 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: GA

Complaint narrative:
I am writing to formally notify you that my personal information, including my Social Security Number, has been disclosed to a third party without my express permission. I have discovered that my personal information has been used in connection with the assignment and/or sale of debt for profit without my knowledge or consent. This practice constitutes a violation of both my privacy rights and my legal protections under federal law and is an act of identity theft.

As a Federally Protected Consumer, I assert my rights under the Fair Credit Reporting Act ( FCRA ), the Gramm-Leach-Bliley Act ( GLBA ), and other relevant federal statutes to OPT OUT of any and all prior authorizations I, [ CONSUMER NAME ], may have granted to the data furnisher. This includes, but is not limited to, any written, verbal, or non-verbal agreements, as well as the unauthorized sale or assignment of my debt, without full disclosure of how my personal information is being used or sold.

Violations and Legal References : Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681b ( c ) Limitations on the Use of Consumer Reports Under the FCRA, a consumer report may only be shared under specific, permissible purposes. Any disclosure of my personal information outside of these permissible purposessuch as the sale or assignment of debtwithout my consent is a violation of my rights under this Act.

Gramm-Leach-Bliley Act ( GLBA ), 15 U.S.C. 6802 ( b ) Restrictions on the Sharing of Nonpublic Personal Information The GLBA prohibits financial institutions from disclosing consumers ' nonpublic personal information to third parties unless certain conditions are met. In the context of your disclosure of my personal information without my consent, you are in violation of these provisions, which safeguard the privacy of my data and require full disclosure of its use.

Identity Theft and Assumption Deterrence Act ( ITADA ), 18 U.S.C. 1028 Identity Theft and Fraud The unauthorized use of my Social Security Number and other personal data for purposes such as debt collection, assignment, or sale constitutes identity theft under federal law. Specifically, the sale of debt or notes for profit using my personal information, without my express consent or full accounting of the transactions, is a violation of 18 U.S.C. 1028A, which criminalizes identity theft.

The Right to Opt-Out under the FCRA 12 CFR 1016.7 ( a ) ( 1 ) ( ii ) According to 12 CFR 1016.7 ( a ) ( 1 ) ( ii ), I have the right to opt-out of any third-party access to my consumer report. This opt-out applies to any and all prior authorizations, regardless of whether the agreement was written, verbal, or otherwise. I am exercising my right to opt-out immediately and indefinitely.

Case Law on Unauthorized Disclosure and Identity Theft : Kline v. Mortgage Electronic Registration Systems , Inc., 2010 U.S. Dist. LEXIS 84584 : This case found that unauthorized disclosure of consumer information, especially when used for commercial purposes such as debt collection, constitutes a violation of the consumers privacy rights under the FCRA.

Safeco Ins. Co. v. Burr, 551 U.S. 47 ( 2007 ) : The U.S. Supreme Court clarified the standard of care required under the FCRA, emphasizing that willful violations of consumer rightssuch as using or disclosing personal information without consentare actionable under federal law.

U.S. v. Muehlbauer, 9 F.4th 424 ( 7th Cir. 2021 ) : The Seventh Circuit reaffirmed that unauthorized use of a persons Social Security Number for any form of financial transaction, including debt collection or sale, constitutes identity theft and is subject to criminal penalties.

Immediate Action Required : I demand the following actions be taken immediately : Immediate cessation of any further disclosure, sale, assignment, or use of my personal information, including my Social Security Number, by you or any third party to whom my data has been disclosed.

Full accounting of all transactions involving my personal data, including the entities that have received, purchased, or used my information, and full disclosure of any associated terms and conditions.

Written confirmation that my personal data has been fully removed from any ongoing or future transactions, and that no further unauthorized disclosures will take place.

Failure to comply with this opt-out request, or to provide the required disclosures, may result in further legal action to enforce my rights, including but not limited to actions under the FCRA, GLBA, and the Identity Theft and Assumption Deterrence Act.

This Opt-Out Authorization is effective immediately and will remain in effect indefinitely.

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