Consumer complaint received 2023-07-13
Company: EQUIFAX, INC.
State: TX
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:
XX/XX/2023 Subject : Disputing Information in Credit Report I am writing to dispute the information that The DEPT OF EDUCATIONXXXX XXXX XXXX XXXX supplied to EQUIFAX about student loans in violation of FERPA. 

This item is inaccurate for the following reasons : The DEPT OF EDUCATION/XXXX XXXX XXXX XXXXXXXX is not protecting the privacy of my student education records, in violation of of my rights given in FERPA ( Family Educational Rights and Privacy Act ) 20 USC 1232g ( b ). 

The DEPT OF EDUCATIONXXXX XXXX  XXXX XXXX have violated my rights given in 12 CFR 1016.1 ( a ) ( 1 ) & ( 3 ) by not giving me notice about its privacy policies and practices nor giving me a method as a consumer to opt-out from disclosing my information to non-affiliated third parties. 

The DEPT OF EDUCATIONXXXXXXXX XXXX XXXX  XXXX have also violated my rights in 12 CFR 1016.4 ( a ) ( 1 ) & ( 2 ) by not giving me the consumer clear and conspicuous notice that accurately reflects their privacy policies and practices before disclosing any nonpublic information to any nonaffiliated third party.

My rights as a consumer given in 12 CFR 1016.7 ( a ) ( 1 ) were violated by The DEPT OF EDUCATIONXXXX XXXX  XXXX XXXX as clear and conspicuous notice was not given to me according to 12 CFR 1016.7 ( a ) ( 1 ) ( i ), ( ii ) & ( iii ).

In addition, my rights as a consumer given in 12 CFR 1016.7 ( a ) ( 2 ) ( ii ), ( A ), ( B ), ( C ), ( D ) were violated by The DEPT OF EDUCATION/XXXX XXXXXXXX  XXXX XXXX because adequate notice was not provided to me as a consumer that I can opt out of disclosure of my nonpublic person information to a nonaffiliated third party, designated check-off boxes werent given, a reply form together with an opt out notice wasnt given, the choice to opt out by electronic means wasnt given, and a toll-free telephone number for the consumer to call and opt-out wasnt given. 

The DEPT OF EDUCATIONXXXX XXXX  XXXX XXXX have violated my rights in 12 CFR 1016.7 ( a ) ( 2 ) ( iii ) ( A ) & ( B ) by not providing consumer a reasonable means to opt out as the only way to do so is for the consumer to write her own letter to exercise that opt out right.

My rights given in 15 U.S. Code 6802 ( a ) were violated by
the DEPT OF EDUCATIONXXXX XXXX XXXX XXXX as a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information. 

Also, my rights given in 15 U.S. Code 6802 ( b ) were violated by the DEPT OF EDUCATIONXXXX XXXXXXXX  XXXX XXXX because I as the consumer was not given an opportunity to opt out nor an explanation on how to opt out from disclosure to a nonaffiliated third party any of my nonpublic personal information. 

I am requesting that EQUIFAX have the item removed. 

Enclosed is a copy of the fraud report I filed with the Federal Trade Commission. Please investigate this matter and contact the nationwide credit bureaus to have them delete or block the disputed item ( XXXX ) as soon as possible. 

Warmly, XXXX XXXX Enclosures : A copy of my State ID & A copy of my filed identity theft report

Company response to consumer: Closed with non-monetary relief