Consumer complaint received 2024-06-25 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:
12 USC 5511- Purpose, objectives, and functions ( a ) PURPOSE The Bureau shall seek to implement and, where applicable, enforce Federal consumer financial law consistently for the purpose of ensuring that all consumers have access to markets for consumer financial products and services and that markets for consumer financial products and services are fair, transparent, and competitive.

( b ) OBJECTIVES The Bureau is authorized to exercise its authorities under Federal consumer financial law for the purposes of ensuring that, with respect to consumer financial products and services ( 1 ) consumers are provided with timely and understandable information to make responsible decisions about financial transactions ; ( 2 ) consumers are protected from unfair, deceptive, or abusive acts and practices and from discrimination ; ( 3 ) outdated, unnecessary, or unduly burdensome regulations are regularly identified and addressed in order to reduce unwarranted regulatory burdens ; ( 4 ) Federal consumer financial law is enforced consistently, without regard to the status of a person as a depository institution, in order to promote fair competition; and ( 5 ) markets for consumer financial products and services operate transparently and efficiently to facilitate access and innovation.

( c ) FUNCTIONS The primary functions of the Bureau are ( 1 ) conducting financial education programs ; ( 2 ) collecting, investigating, and responding to consumer complaints ; ( 3 ) collecting, researching, monitoring, and publishing information relevant to the functioning of markets for consumer financial products and services to identify risks to consumers and the proper functioning of such markets ; ( 4 ) subject to sections 5514 through 5516 of this title, supervising covered persons for compliance with Federal consumer financial law, and taking appropriate enforcement action to address violations of Federal consumer financial law ; ( 5 ) issuing rules, orders, and guidance implementing Federal consumer financial law ; and ( 6 ) performing such support activities as may be necessary or useful to facilitate the other functions of the Bureau.\ 15 USC Code 1681a Definitions ; rules of construction -The term consumer means an individual.

-The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living -The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

( 2 ) EXCLUSIONS. the term consumer report does not include A ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; *Reporting transaction history is illegal* Per Members Choice of XXXXXXXX XXXX XXXXXXXX XXXX privacy policy they do not share information with non-affiliated 3rd parties.

15 USC Code 6805 Enforcement According to the Fair Credit Reporting Act 15 USC 1681 Section 602 There is a need to ensure that consumer reporting agencies to exercise their significant responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. Equifax, Experian, and Equifax are consumer reporting agencies and I am the consumer. As a protected consumer I have a right to make sure that my private NONPUBLIC information is not shared, which is affirmed by law 15 USC 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. Members FCU is a financial institution. The definition is found under title 15 USC 1681 section 604 section 2 states In general Subject to Section 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 in which it relates. Members FCU the financial institution and consumer reporting agencies do not have my consent and definitely do not have my written nor authorization to furnish adverse information, nor any non-public transaction history A financial institution may not disclose nonpublic personal information without the consumer receiving an explanation of how the consumer can exercise a nondisclosure option. Members FCU never informed me of my right to exercise my non-disclosure option. 15 USC 1681c ( a ) 5 states except authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any adverse item of information, other than records of convictions of crimes which antedates the report by more than 7 years. This account is an adverse item that is being reported again, without my permission, which is against the law. 15 USC 1681s-2 ( A ) ( 1 ) 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 the information is inaccurate. Any and all consent to Equifax, Experian, Transunion and Members FCU whether verbal, non-verbal, written, implied or otherwise is revoked.

15 USC 6802 ( b ) ( c ) states A financial institution may not have disclose nonpublic personal information to a nonaffiliated third party UNLESS- the consumer is given an explanation of how the consumer can exercise a nondisclosure option Members FCU never properly informed me of my right to exercise that nondisclosure option. Not only did they not provide assurance of those rights 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, other than records of items of information. Any other adverse 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 which is without my permission which is against the LAW.

15 USC 1681s-2 ( 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 USC 1681e states Every consumer reporting agency SHALL maintain procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under 1681b of this title. Experian and Equifax are not maintaining reasonable procedures.

12 CFR 1016.7 " A CONSUMER MAY EXERCISE THE RIGHT TO OPT OUT AT ANY TIME '' SEE THE OPT OUT THAT WAS SENT TO THE Members FCU XX/XX/year>. I do not authorize the credit agency to reporting any adverse information not transaction history for the insurance/credit issued per the law as it stands. Immediate update as well as 602. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( 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. ( b ) Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title.

15 USC 6801 : Protection of nonpublic personal information It is the policy of the 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.

( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ) of this section, each agency or authority described in section 6805 ( a ) of this title shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards- ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records and information which could result in substantial harm or inconvenience to any customer.

604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

15 USC 1681c ( a ) 5 1681c. Requirements relating to information contained in consumer reports ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) cases 1 under title 11 or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

( 2 ) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.

( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.

( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

( b ) Exempted cases The provisions of subsection ( a ) of this section are not applicable in the case of any consumer credit report to be used in connection with- ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more.

12 CFR 1022.3 Definitions : **Identity Theft means a fraud committed and attempted using the identifying information of another person without authority. [ Anything added to my report without my written permission is considered identity fraud ] 15 USC 1681c-2 Block of information resulting from identity theft 15 USC 1681s-2 ( A ) ( 1 ) - Administrative Enforcement 15 USC 1681b Permissible purposes of consumer reports 15 USC 1681e Compliance procedures- ( Non-disclosure is necessary ) 12 CFR 1016.7 ( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.

( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

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 non-monetary relief