Consumer complaint received 2023-10-20
Company: MOHELA
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Report provided to employer without your written authorization

Complaint:
I have Witnessed of inaccuracy and violation of Family Educaton Rights and Privacy Act of 1974 a closed and open accounts on my credit report, regarding on Account/Reference No. : XXXX. are in trespass of XXXX XXXX XXXX and his private information. Under the Family Education Rights and Privacy Act of 1974 there was a violation on MOHELA/DEPT OF EDUCATION closed/Open account which discloses reported Transactions History to XXXX, XXXX, and XXXX XXXX which I did not consent too. It is Illegal to report Transaction History According to the Privacy Act of 1974. Which is a violation with the Consumer Financial Protection Bureau. I am requesting MOHELA/DEPT OF EDUCATION -to remove/ Delete any and all Transaction History According to the Family Education Rights and Privacy Act of 1974, and inaccuracy Circle on credit report on Account XXXX XXXX.with XXXX, XXXX, and XXXX or I will be forced to report you to Consumer Financial Protection Bureau. " " send me 1099 for this item for my tax purposes because my accounting is Requesting it because they saw it on my credit report as a closed. I would greatly appreciate all your help. 



20 USC 1232g ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of astudent includes information on more than one student, the parents of one of suchstudents shall have the right to inspect and review only such part of such material or document as relates to suchstudent or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made. 
( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review theeducation records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section. 
( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.

( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution. 
( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such studentseducation records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records. 
( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.

( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution. 
( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a studentwho is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice. 

The contract purchase by MOHELA/DEPT OF EDUCATION negotiable promissory note issued by Lender as evidence of a floating indebtedness considered a Certificate of indebtedness which is income and can not be reported on credit report as transaction history, MOHELA/DEPT OF EDUCATION purchased the account/ contract referenced above from XXXX XXXX  or another third party .certificate of indebtedness that specifies obligations of the borrower to the holder of the bond. When the contract was purchased by the Buyer MOHELA/DEPT OF EDUCATION from ( Original Creditor ) the seller which is XXXX XXXX XXXX the contract was securitize by the seller/creditor XXXX XXXX without written consent and disclosure, which is Security Fraud for selling my contract to another lender XXXX XXXX, which was purchased by MOHELA/DEPT OF EDUCATION which voids out the contract with Original Creditor for the breach of contract of the Electronic Funds Transfer Act of 1978 by not getting consent or disclosure of multiple Electronic transfers from Authorized Agent within contract XXXX, XXXX XXXX doing business as XXXX XXXX XXXX and was not given notice of Electronic Transfer of the bond/contract/Certificate of indebtedness to another Organization with out my consent and disclosure of electronic transfers activities between the two organizations/companys seller Original creditor ( seller ) XXXX XXXX and buyer MOHELA/DEPT OF EDUCATION. An error under Electronic Fund Transfer Act ( EFTA ) of 1978 Due To Security Fraud and Regulation E includes any of the following : An unauthorized ( EFT ) Electronic Fund Transfer. An incorrect EFT to or from the consumer 's account. The omission from a periodic statement of an EFT to or from the consumer 's account that should have been included, their was a violation due to the Electronic transfer Act ( EFTA ) ( 15 U.S.C. 1693 et seq. ) of 1978, violation of disclosure of contract.

15 USC 1681 ( i ) ( a ) ( 1A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Remove MOHELA/DEPT OF EDUCATION due to, violation of Electronic Transfer Act of 1978, violation of Securities Exchange Act of 1934 and inaccuracy of information on my credit report on XXXX reporting account type as Collection and XXXX reported as open Account on credit report. 

15 USC 1681 section 604 a section 2 states that " In general 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. I am requesting MOHELA/DEPT OF EDUCATION to Delete any and all Transaction History due to Privacy Act of 1974 and inaccuracy information on XXXX XXXX XXXX Credit report According to the Privacy Act of 1974 on Account # XXXX. with, XXXX, XXXX and XXXX or I will be forced to report you to Consumer Financial Protection Bureau and make a complaint to XXXX XXXX XXXX  " 15 USC 1681C ( a ) ( 5 ) states '' 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 than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. The financial institution and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish Private Transactions of history of any information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 

15 USC 6809 ( 4 ) ( a ) Non Public Personal information- 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. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of USC title 15. ) 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e 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. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out any and all authorization I XXXX XXXX XXXX the consumer may have given you written and unwritten verbal and non verbal per 15 USC 6802. I am requesting MOHELA/DEPT OF EDUCATION to delete any and all Transaction History due to the privacy act of 1934 and inaccuracy circle on credit report on Account # XXXX. with XXXX, XXXX, and XXXX or I will be forced to report you to Consumer Financial Protection Bureau with a civil money penalty {$1000.00} per violations, I wish for your company not to be in dishonor, but if so I have no choice but to sue and file a complaint with the XXXX XXXX XXXX

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