Consumer complaint received 2024-08-23 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: TX

Complaint narrative:
After checking my most recent consumer report, I noticed XXXX XXXX is furnishing and XXXX and Experian are allowing the furnishing of multiple accounts that violate my Fair Credit Reporting Act rights as a consumer. The reporting of this/these accounts have caused severe damage to my character, my reputation, my general ability of living as well as my ability to obtain credit obligations for personal purposes. Ultimately this negligence has damaged my livelihood and my ability of using credit in my life.

The following accounts are not compliant and are violating multiple FCRA laws that will be explained after I list the accounts that are in violation. 
XXXX XXXX XXXX in the amount of {$28000.00} XXXX XXXX XXXX in the amount of {$24000.00} 15 USC 1681b- Permissible Purpose of Consumer reports- ( a ) IN GENERAL 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.

15 USC 1681e ( b ) Compliance and procedures ( b ) ACCURACY OF REPORT Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

15 USC 1681 section 602 ( a ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 

XXXX and Experian are consumer reporting agencies, and I am the Consumer. Which means that I have the right to make sure my private information isn't shared and is backed by 15 USC 1681.

15 USC 1681 Congressional Findings and Statement of Purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

These accounts are also violations of IRS Publication 4681. It mentions I should have received a 1099c form from XXXX XXXX due to the debt being discharged, canceled or forgiven the. My consumer report should not reflect a balance owed, a past due amount, nor should there be any late payments associated with this charge off account. Incorrect reporting to my consumer file is damaging my ability to be approved for credit and is a misrepresentation of my character. This is a violation of my rights, negligent behavior and potentially an act of tax fraud, to which I am not party of, nor do I wish to be. I have yet to receive As well as a direct violation of 20 U.S. Code 1232g ( b ). Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 12 CFR 1016.7 states that A consumer may exercise the right to opt out at any time. '' Per the FCRA, as a federally protected consumer, I am hereby formally opting out of any and all authorization, I the consumer, may have given XXXX XXXX, whether it be written, unwritten, verbal and non verbal per 15 USC 6802. Effective immediately and indefinitely. 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 that nondisclosure option. '' XXXX XXXX Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) 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. '' This account is an adverse item they are reporting WITHOUT my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) 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. XXXX and Experian are NOT maintaining reasonable procedures.

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