Consumer complaint received 2023-08-13
Company: MOHELA
State: PA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX XXXX XXXX XXXX MOHELA XXXX XXXX XXXX XXXX, MO XXXX NOTICE : PRINCIPAL AND AGENT ARE MUTUALLY INFORMED To Whom It May Concern, Upon thorough examination of my consumer report, it has come to my attention that you are engaging in the unlawful practice of reporting my student loans to unrelated third parties. Additionally, I have not been provided with the necessary disclosures as mandated by 15 U.S. Code 6802, which pertains to obligations regarding the disclosure of personal information. 
In case you are not familiar with the legal framework, let me clarify that as per 15 USC 6802, you are legally obliged to furnish me with three specific disclosures. After reviewing all documentation provided by your institution, I have confirmed that none of these documents include the required disclosures. 
a ) NOTICE REQUIREMENTS Subject to the stipulations of this subchapter, a financial institution is prohibited from disclosing nonpublic personal information to nonaffiliated third parties, unless said institution has issued a notice to the consumer in compliance with section 6803 of this title. 
Given that I have not received the aforementioned disclosures, I formally request the removal of these accounts from all consumer reporting agencies, including but not limited to XXXX, XXXX, and XXXX, in accordance with 15 USC 6802 ( b ).

( b ) OPT OUT ( 1 ) GENERAL A financial institution is prohibited from revealing nonpublic personal information to nonaffiliated third parties unless the following conditions are met : ( A ) The financial institution clearly and conspicuously informs the consumer, in writing, electronic form, or any other mode allowed by the regulations stipulated under section 6804 of this title, that such information may be disclosed to said third party. ( B ) The consumer is provided the opportunity, prior to the initial disclosure of such information, to instruct that the information not be disclosed to the third party. ( C ) The consumer is presented an explanation detailing how they can exercise the option of nondisclosure. 
MOHELA did not fulfill their legal obligation to provide me with this information. 
MOHELA knowingly and intentionally withheld crucial information regarding the disclosure of my personal information to both affiliated and non-affiliated third parties. 
MOHELA knowingly and intentionally neglected to inform me about the procedure to exercise my right of nondisclosure. 
As a consumer, I assert my right to privacy under 15 USC 1681, 15 USC 1692, and 15 USC 6801. My personal information is private, and my student loans fall under this category. Your actions of reporting my private information without my consent amount to a severe breach of identity protection. 
I hereby formally request the provision of all required disclosures pursuant to 15 USC 6802 ( b ), which should have been transparently communicated to me before any reporting of my non-public personal information to nonaffiliated third parties ( XXXX, XXXX, XXXX, XXXX  ). 
I am actively opting out of having my information reported, as per 15 USC 6802 ( b ). You are granted a period of 10 calendar days from the date of this notice to expunge the following account/s from your records : XXXX  I am following the laws made by Congress and not the rules you made up. If you send back a promissory note then you are still in violation of these laws included in this letter, I feel like my rights as a consumer is violated by you reporting my nonpersonal information without giving me the 3 disclosures which prohibit you to do so. I am demanding you remove this from all consumer reports. 

Sincerely, XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation