Consumer complaint received 2024-11-03 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:
This is my second attempt in regards of attempting to obtain remedy for the willful violations that are listed that XXXX XXXX XXXX XXXX XXXX XXXX, Experian, and XXXX Credit Bureaus that are listed below. Firstly, I would like to address the issue of XXXX XXXX XXXX violating my privacy under the PRIVACY ACT OF 1974 by reporting my non-public personal information which is defined from the source 15 U.S.C. 6809 ( 4 ) ( A ) as the following : THE " TERM NONPUBLIC PERSONAL INFORMATION " MEANS PERSONALLY IDENTIFIABLE FINANCIAL INFORMATION -- ( i ) provided by a consumer to a financial institution ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from ANY TRANSACTION WITH THE CONSUMER OR ANY SERVICE PERFORMED FOR THE CONSUMER ; OR ( iii ) OTHERWISE OBTAINED BY THE FINANCIAL INSTITUTION to my consumer credit report. Especially considering the fact that I have exercised my consumer rights TWICE to OPT OUT of any and all authorized previous consent that I the consumer may have given them, written or non-written verbal or non-verbal, per 15 U.S.C. 6802. Failing to honor my demand of expressing my consumer right to opt out of my non-public personal information being exchanged and traded gives me the right to express and exercise 15 U.S.C. 1681n is a section of the Fair Credit Reporting Act ( FCRA ) that specifically focuses on the willful noncompliance of anyone who is subject to the FCRA. In addition to addressing this same issue of reporting my non public personal information, XXXX XXXX XXXX XXXX XXXX XXXX, Experian, and XXXX Credit Bureaus are in violation of 15 U.S.C. 1681b - PERMISSIBLE PURPOSES OF CONSUMER REPORTS which states : Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) IN ACCORDANCE WITH THE WRITTEN INSTRUCTIONS OF THE CONSUMER TO WHOM IT RELATES. This means that they need my written consent to add anything to my consumer report which I REVOKED their authorization which is a violation of FAIR CREDIT REPORTING ACT. Also, PUBLIC LISTING 90-321 ( 82 Stat. 146 ) which is a law that backs 15 U.S.C. 1681b even stricter as it states that any agency can ONLY get my report in response to a request by the head of State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency. ) In my 1st attempt to seek remedy with this issue, XXXX XXXX XXXX responded with a letter stating that IRS PUBLICATION XXXX ( XXXX ) does not comply with the situation at hand with them reporting this account as being charged off to my consumer credit report, WHICH THIS RESPONSE FROM THEM IS INACCURATE. Their admitting to this principal account being charged off, which is a certificate of indebtedness, proves that this account is considered being charged off taxable income per IRS PUBLICATION XXXX ( XXXX ) which also states that the debtor may need to report the canceled amount as income on their tax return. WITH THAT BEING SAID, XXXX XXXX XXXX HAS NOT, I REPEAT, HAS NOT FURNISHED ME WITH MY COPY OF A 1099-C FROM THE INITIAL DATE OF THEM PLACING THE ACCOUNT INTO A CHARGED OFF STATUS WHICH IS XX/XX/XXXX AND I STILL HAVE NOT RECEIVED A COPY OF A 1099-C AS THE I.R.S.INSTRUCTIONS FOR FORMS 1099-A AND 1099-C GIVES INSTRUCTION OF WHO IS RESPONSIBLE OF FILLING A 1099-C, which I will attach a copy of in this complaint. Secondly, I will address the 2nd attempt issue of XXXX XXXX XXXX XXXX XXXX XXXX, Experian, XXXX, and XXXX Credit Bureaus willfully violating my privacy under THE PRIVACY ACT OF 1974.Part 1016 - PRIVACY OF CONSUMERS FINANCIAL INFORMATION ( REGULATION P ) of the Privacy Act of 1974 states the following : 12 CFR 1016.1 PURPOSE AND SCOPE. ( a ) Purpose. This Part governs the treatment of NONPUBLIC PERSONAL INFORMATION ABOUT CONSUMERS BY THE FINANCIAL INSTITUTIONS listed in paragraph ( b ) of this section. This part : ( XXXX ) REQUIRES A FINANCIAL INSTITUTION OT PROVIDE NOTICE TO CUSTOMERS ABOUT ITS PRIVACY POLICIES AND PRACTICES ; ( XXXX ) PROVIDES A METHOD FOR CONSUMERS TO PREVENT A FINANCIAL INSTITUTION FROM DISCLOSING THAT INFORMATION TO MOST NONAFFILIATED THIRD PARTIES BY " OPTING OUT '' OF THAT DISCLOSURE. 12 CFR 1016.7 FORM OF OPT OUT NOTICE TO CONSUMERS ; OPT OUT METHODS. Section ( a ) ( 1 ) FORM OF OPT OUT NOTICE states the following : If you are required to provided an opt out notice under U.S.C. 1016.10 ( a ), you must provide A CLEAR AND CONSPICUOUS NOTICE to each of your consumers that accurately explains the right to opt out under that section. The notice MUST STATE : ( ii ) THAT THE CONSUMER HAS THE RIGHT TO OPT OUT OF THAT DISCLOSURE ; AND ( iii ) A REASONABLE MEANS BY WHICH THE CONSUMER MAY EXERCISE THE OPT OUT RIGHT. With that being said, XXXX XXXX XXXX has violated the above subsections of the PRIVACY ACT OF 1974 in their response to my 1st addressing of this issue by responding stating that in the welcome letter dated XX/XX/XXXX and the most recent billing statement dated XX/XX/XXXX that was sent has on the bottom of the documents '' INFORMATION ABOUT YOUR ACCOUNT MAY BE REPORTED TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. '' Yet this information is included on the documents, they have failed to perform as required under 12 CFR 1067.7 subsection ( a ) ( 1 ) FORM OF OPT-OUT NOTICE.1016.10 ( a ) ( 1 ) of the Privacy Act of 1974 a CLEAR AND CONSPICUOUS NOTICE to each of their consumers that accurately explains the right to opt-out under this section. Neither the welcome letter or the initial billing statements have provided this notice as required under the Privacy Act. In addition to this violation, In addition to this violation, XXXX XXXX XXXX has violated section 12 CFR 1016.7 sub-section ( 2 ) EXAMPLES ( iii ) UNREASONABLE MEANS which states : YOU DO NOT PROVIDE A REASONABLE MEANS OF OPTING OUT IF : ( A ) THE MEANS OF OPTING OUT IS FOR THE CONSUMER TO WRITE HIS OR HER OWN LETTER TO EXERCISE THAT OPT OUT RIGHT : OR ( B ) THE ONLY MEANS OF OPTING OUT AS DESCRIBED IN ANY NOTICE SUBSEQUENT TO THE NOTICE IS TO USE A CHECK-OFF BOX THAT YOU PROVIDED WITH THE INITIAL NOTICE BUT DID NOT INCLUDE WITH SUBSEQUENT NOTICE. According to12 CFR 1016.7 ( h ) Continuing right to opt out. A consumer may exercise the right to opt-out at any time. Therefore, by XXXX XXXX XXXX XXXX XXXX XXXX, Experian, and XXXX not complying with my exercising my consumer right to Opt-Out they are in violation of the Privacy Act of 1974 as previously mentioned in my first complaint against them. I also have enclosed copies of the initial welcome letter, initial bill, along with a copy of the only method that XXXX XXXX XXXX has on their web site to opt-out which includes a signed written statement from me opting out of their transferring my non-public personal information to XXXX, Experian, XXXX, and all third party affiliates and non-affiliates. In closing, under 12 CFR 1016.7 ( i ) Duration of consumer 's opt-out direction. ( 1 ) A consumer 's direction to opt-out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically, therefore, I AM EXPRESSING MY RIGHT TO OPT-OUT FROM FROM XXXX XXXX XXXX, XXXX XXXX, EXPERIAN , AND XXXX FROM REPORTING XXXX  XXXX XXXX XXXX ACCOUNT ONTO MY CONSUMER CREDIT REPORT. According to 15 U.S.Code 6805 - Enforcement ( a ) In general ; This subchapter and the regulations prescribed thereunder shall be enforced by the BUREAU OF CONSUMER FINANCIAL PROTECTION, the Federal functional regulators, the State Insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, meaning it is the responsibility of the Consumer Finance Protection Bureau to enforce all of the violations that have been mentioned.

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