Credit reporting or other personal consumer reports -- Improper use of your report -- Complaint #9225701

Complaint Overview

Complaint ID: 9225701

Company: Experian Information Solutions INC.

Product: Credit reporting or other personal consumer reports

Sub-Product: Credit reporting

Issue: Improper use of your report

Sub-Issue: Reporting company used your report improperly

State: Georgia

ZIP Code: 30034

Date Received: 2024-06-10T12:00:00-05:00

Date Sent to Company: 2024-06-10T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

Under the Fair Credit Reporting Act XXXX XXXX XXXX charged off {$5000.00} XXXX XXXX charged off {$1900.00} XXXX XXXX XXXX XXXX charged off {$1500.00} XXXX XXXX XXXX {$7700.00}, XXXX XXXX XXXX charged off {$760.00} lawfully should not have given any of my nonpublic personal information to a non affiliate third party. These banks and nonaffiliated third party consumer reporting agencies have violated my consumer and customer rights to privacy and confidentiality under 15 USC 1681b - Permissible purposes of consumer reports section 604 ( a ) ( 2 ) which states " Subject 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 to whom it relates. '' ALL financial institutions listed above whom are also reported on my report and the consumer reporting agencies XXXX, Experian, XXXX, and XXXX do not have my authorization to furnish my nonpublic personal information and they for certain DO NOT have my written consent which is a violation of the Fair Credit Reporting Act. Any and all consent to XXXX, Experian, XXXX, XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. P.L 90-321 ( 82 Stat. 146 ) as it states that any agency can only get my report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ). XXXX, Experian, XXXX, and XXXX are nonaffiliated third party consumer reporting agencies and I am the Consumer. 15 U.S. Code 1681a - Definitions ; rules of construction 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 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 As you can see there is a need to protect my right to privacy. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " 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. XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX are financial institutions by definition under that title. 15 USC 6802 ( 1 ) ( b ) ( c ) states " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( b ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party; and ( c ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX never disclosed to me that my nonpublic personal information would be furnished to nonaffiliated third party reporting agencies XXXX, Experian, XXXX, and XXXX. XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX never disclosed my right to exercise my nondisclosure option initially or variously. 15 USC 6809 ( 4 ) ( 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. According to the Federal Trade Commission nonpublic personal information is any " personally identifiable financial information '' that a financial institution collects about an individual in connection with providing a financial product or service, unless that information is otherwise " publicly available. '' NPI is : any information an individual gives you to get a financial product or service ( for example, name, address, income, Social Security number, or other information on an application ) ; any information you get about an individual from a transaction involving your financial product ( XXXX ) or service ( XXXX ) ( for example, the fact that an individual is your consumer or customer, account numbers, payment history, loan or deposit balances, and credit or debit card purchases ) ; or any information you get about an individual in connection with providing a financial product or service ( for example, information from court records or from a consumer report ). 15 USC 1681c ( a ) ( 5 ) states " Information excluded from consumer reports 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. '' No adverse item besides the conviction of crimes should be on my report. Any item that is a derogatory mark is not allowed into consumer reports. This is another violation. The accounts XXXX, Experian, XXXX, and XXXX are reporting adverse items and they have been reporting adverse items for over 30 months without my authorization which is against the law. After I, the consumer, disclosed to XXXX, Experian, and XXXX the accounts with XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX are in fact inaccurate they willfully continued to report inaccurate and adverse items on my consumer report further violating my rights, Fair Credit Reporting Act, and Privacy Act of 1974. 15 U.S. Code 1681a - Definitions ; rules of construction states 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 The term consumer means an individualThe 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 ( XXXX ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. Reporting Transaction history is illegal. 12 CFR 1022.3 Definitions states Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Publication 4681 Cat. No. 51508F states Generally, if you owe a debt to someone else and they cancel or forgive that debt for less than its full amount, you are treated for income tax purposes as having income and may have to pay tax on this incomeIf your debt is forgiven or discharged for less than the full amount owed, the debt is considered canceled for the forgiven or discharged amount that you no longer need to payIf taxable, you must report the canceled debt on your tax return for the year in which the cancellation occurred. The amount of the debt that has been canceled is ordinary income and must be reported on the appropriate form. A financial institution is required by law to file a schedule 1099-C when a debt is charge-off/canceled of {$600.00} or more. ALL the accounts listed above with financial institutions are canceled debt, therefore in the lawful course of business they should have issued a 1099-C. 26 USC 108 ( a ) ( 1 ) states In general Gross income does not include any amount which ( but for this subsection ) would be includible in gross income by reason of the discharge ( in whole or in part ) of indebtedness of the taxpayer ifthe discharge occurs in a title 11 case, the discharge occurs when the taxpayer is insolvent, the indebtedness discharged is qualified farm indebtedness, in the case of a taxpayer other than a C corporation, the indebtedness discharged is qualified real property business indebtedness, or the indebtedness discharged is qualified principal residence indebtedness which is discharged ( i ) before XX/XX/XXXX, or ( ii ) subject to an arrangement that is entered into and evidenced in writing before XX/XX/XXXX. The adverse items and inaccuracies reported on my credit report is taxable income, must be reported as such, and needs to be updated. I have never received any 1099-C which is necessary to do my tax return every quarter. In the fact that canceled debt is to be treated for income tax purposes as ordinary income. Income is not to be reported on a consumer report. These banks/financial institutions are committing consumer fraud and may need to be reported to the Comptroller of the Currency and Security and Exchange Commission . 15 USC 1681s-2 ( a ) ( 1 ) ( A ) ( B ) states ( A ) 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. ( B ) A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title ( b ) Accuracy of report states 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. 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. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. XXXX, Experian, XXXX, and XXXX are not maintaining reasonable procedures. In accordance with the Fair Credit Reporting Act every reporting agency and institution listed in this letter is violating my rights. From the beginning of the consumer and customer relationship until now by willfully ignoring inaccuracies, accepting and continuously reporting the inaccuracies and adverse items of information given to them by these financial institutions unlawfully, and the financial institutions giving my nonpublic personal information without my written consent nor giving me a clear and conspicuous '' written notice describing their privacy policies and practices initially or over the duration of the customer relationship. Again, by continuing to report inaccurate and adverse information after I, the consumer, gave them notice of inaccuracies and adverse items months prior these reporting agencies and institutions are in violation of many parts of Fair Credit Reporting Act and Privacy Act of 1974 ( 5 U.S. Code 552a ). 15 USC 1681 ( a ) ( b ) The Congress makes the following findings : ( 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 subchapter 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 subchapter. THEY ARE NOT DOING THEIR LAWFUL RESPONSIBILITY GIVEN TO THEM BY CONGRESS, THE CONSUMER FINANCIAL PROTECTION BUREAU, FEDERAL TRADE COMMISSION, OR THE COMPTROLLER OF THE CURRENCY. The Privacy Act of 1974 provides protections to individuals in three primary ways. The right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. 5 USC 552a ( 4 ) ( b ) ( 12 ) states ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying numberNo 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 unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; Either way they are violating not only the Fair Credit Reporting Act but also the Privacy Act of 1974. Again, I have never given Experian, XXXX, XXXX, XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX consent. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. I have had to file more than 1 complaint which constitutes wilful noncompliance. They had a full understanding of the violations after I complained the 1st time. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], 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. 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I have the right to opt out of anything on my report at any time and all companies must comply as soon as reasonably practicable after I have sent a notice. Consider this your notice to stop reporting in accordance with the laws listed above. I am opting out of your reporting services. Per the Securities Exchange Act I have concerns of potential violations with securities fraud and tax evasion by these financial institutions. My promissory note, my certificate of indebtedness, my SECURITY was securitized by these companies where they also received a cusip number and engaged in trading activities. Im well aware NOW that I have given them security interest plus proceeds when the security with my autograph was the payment! And what I received was the perk.However, for these companies to have these adverse and inaccurate items on my consumer report is outlandish when they are receiving XXXX more in private and I have not seen one cent! IT WILL END TODAY.

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