Consumer complaint received 2024-12-26 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: FL

Complaint narrative:
Per the Fair Credit Reporting Act ( FCRA ) I am a federally protected consumer I am now opting out of any and all authorization ( S ) I the consumer may have given you written, unwritten, verbal and non-verbal permission 15 USC 6802 asserting my rights to opt out of the unauthorized sharing and reporting of my nonpublic personal information to third parties, including credit reporting agencies. XXXXXXXX XXXX is in violation of the following laws : 1. Violation of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6802 ) : I sent XXXXXXXX XXXX a formal opt-out request, dated XX/XX/XXXX, under my rights outlined in 15 U.S.C. 6802. This statute requires financial institutions to provide consumers with a clear and conspicuous opportunity to opt out of the disclosure of their nonpublic personal information to nonaffiliated third parties, such as credit bureaus. XXXXXXXX XXXX continues to report my payment history and utilization rate to credit bureaus despite my opt-out notice, which violates this section. 

Full Citation ( XXXX5 U.S.C. 6802 ) : A financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer ( A ) a clear and conspicuous disclosure of the financial institutions privacy policies and practices ; ( B ) a reasonable opportunity to opt out ; and ( C ) the consumer has not opted out. 

How XXXX Violated : XXXX failed to honor my opt-out request and continued to share my personal information, breaching federal privacy standards. 


XXXX. Violation of the Fair Credit Reporting Act ( 15 U.S.C. 1681b ) : Under the FCRA, consumer reporting agencies may only disclose consumer information under permissible purposes, including the written consent of the consumer. My opt-out explicitly revoked any prior authorization for XXXXXXXX XXXX to share my information with credit bureaus, yet they continue to report my payment history and utilization rate without consent. 

Full Citation ( 15 U.S.C. 1681b ) : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

How XXXX Violated : XXXX continues to report my data to credit bureaus without my consent, failing to adhere to the permissible purposes outlined in the FCRA. 


XXXX. Violation of the Privacy Act of 1974 ( 5 U.S.C. 552a ( b ) ) : This Act ensures that no entity may disclose personal information without the prior written consent of the individual. XXXX Banks reporting of my personal data to credit bureaus after my opt-out notice constitutes unauthorized disclosure. 

Full Citation ( 5 U.S.C. 552a ( b ) ) : No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. 

How XXXX Violated : By continuing to report my personal information after my opt-out, XXXX violated my federally protected right to privacy. 


4. Violation of 12 C.F.R. 1016.9 ( Regulation P ) : This regulation requires financial institutions to comply with opt-out requests as soon as practicable. XXXXXXXX XXXX has not honored my opt-out request within a reasonable timeframe. 

Full Citation ( 12 C.F.R. 1016.9 ) : A financial institution shall comply with a consumers opt-out direction as soon as reasonably practicable after the financial institution receives it. 

How XXXX Violated : XXXX failed to process my opt-out request in a timely manner, continuing to share my information. 


XXXX. Violation of 12 C.F.R. 1016.4 ( Regulation P ) : Under this regulation, financial institutions must provide periodic privacy notices. I have not received required annual privacy notices, depriving me of the opportunity to understand and control how my information is used.

Full Citation ( 12 C.F.R. 1016.4 ) : A financial institution shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices annually to customers throughout the duration of the customer relationship. 

How XXXX Violated : XXXXXXXX XXXX failed to provide required privacy notices as mandated.

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