Consumer complaint received 2024-02-08 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: AZ

Complaint narrative:
On XX/XX/XXXX I mailed out my dispute with all three consumer reporting agencies as well as XXXX XXXX XXXX. 

To whom it may concern, My rights as a federally protected consumer are being violated by XXXX XXXX XXXX XXXX, XXXX, Experian and XXXX by reporting late payments on my monthly consumer credit report. XXXX XXXX XXXX XXXX and the above consumer reporting agencies did not disclose information to me on how to, or to give me opportunity to Opt Out before sharing or disclosing my personally identifiable financial information.

Privacy Act of 1974 provides safeguards against unwarranted invasions of privacy by establishing a code of " fair information practices. '' 15 U.S.C. 1681 Congressional findings and statement of purpose ( a ) ( 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. 

15 U.S. Code 1681b - Permissible purposes 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 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy : 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. 

Nonpublic personal information : ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( 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.

16 CFR 313.3 Definitions ( o ) ( 1 ) Personally identifiable financial information means any information : ( B ) Account balance information, payment history, overdraft history, and credit or debit card purchase information.

16 CFR 313.7 ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

Per FCRA 15 U.S. Code 6802, as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you, past, present, future, written, unwritten, verbal, and nonverbal, to disclose any payment history information.

Please remove the reporting of my payment history, Late payments are payment history and personally identifiable financial information.

Thank you for your prompt attention to this matter

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