Consumer complaint received 2022-12-21
Company: Maximus Education, LLC dba Aidvantage
State: LA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
First of all, this is a disclaimer indicating this dispute was not completed nor submitted by a credit-repair organization on my behalf. Per 12 CFR Part 1016.7 you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) that you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) that the consumer has the right to opt out of that disclosure; and ( iii ) a reasonable means by which the consumer may exercise the opt out right. 12 CFR 1016.9 indicates how OPT OUT notices are to be delivered and since I DID NOT and DO NOT agree to participate in anything electronically, it is unreasonable of you to expect that as a consumer, I would be able to receive your actual notice of your privacy policies and practices if you : ( i ) Only post a sign in your branch or office or generally publish advertisements of your privacy policies and practices ; or ( ii ) Send the notice via electronic mail to a consumer who does not obtain a financial product or service from you electronically ( 12 CFR 1016 ( b ) 2 ( i ) ( ii ). Pertaining to your OPT OUT notice, you provide is electronically on your website. Also, 12 CFR Part 1016.7 ( g ) also states that you must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. As of today, XX/XX/XXXX, I have not received a privacy notice or an Opt Out notice from Aidvantage. Per 15 USC 6805 ( b ) and FCRA and as a federally protected consumer, I am requesting to opt out of any and all authorizations reporting of my personal data to anyone without my prior written consent, immediately and permanently. Any further sharing of my personal data will be in violation of my rights under the Privacy Act of 1974. In addition to Aidvantage you are in violation of Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ). This Federal law protects the privacy of my student education records. Upon initial signage of my privacy act documents, there were verbiage that stated, the school would not provide my financial records to any 3rd party company. Per 34 CFR 99.2, education records include but not limited to : Grades, transcripts, class lists, student course schedules, health records ( at the K-12 level ), student financial information ( at the postsecondary level ), and student discipline files.

Furthermore, according to the law ( 12 CFR Part 1016.4 ( a ) ( 2 ) you are required to provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to consumers before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. You are violation of 15 USC 6802 ( obligations with respect to disclosures of personal information ) - you ( Aidvantage ) communicated my nonpublic personal information to unaffiliated 3rd parties without my consent and without giving me the opportunity to direct such information not to be disclosed. All of the information contained in my consumer report is nonpublic personal information unless I give you permission. Once again, I DID NOT AND DO NOT CONSENT to you AIDVANTAGE furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated IDENTITY THEFT and SECURITIES FRAUD in accordance with 18 U.S.C 1028A and 17 CFR Part 248. You are now in breach of 15 U.S. Code 1681n - Civil liability for willful noncompliance ( A ) 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 ( 1 ) 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 ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) ; B in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court ( B ) Civil liability for knowing noncompliance- Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. I am requesting that you IMMEDIATELY and PERMANENTLY remove all student loans from my consumer report within 4 days. If they are NOT removed, I will consult my legal team to file a FEDERAL case against you for adverse actions taken against me for denying my rights, of which the civil damages pursuant to 15 USC 1611 ( 1 ) are up to { { { {$5000.00} } } } per violation, civil damages for 15 USC 1692 ( j ) are up to { { { {$1000.00} } } } .per violation NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT SILENCE IS ACQUIESCENCE.

CC : SECURITES AND EXCHANGE COMMISSION, FEDERAL TRADE COMMISSION ( FRAUD ), OFFICE OF COMPTROLLER OF THE CURRENCY, CFPB

Company response to consumer: Closed with explanation