Consumer complaint received 2023-09-20
Company: MOHELA
State: CA
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

Complaint:
15 USC 1681 Section 802 of the Fair Credit Reporting Act states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumer 's right to privacy ''. XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I, the consumer, have the right to make sure my privacy information isn't shared which is backed by 15 USC 6801, stating, " It is the policy of the Congress that each financial institute has an affirmative and continuing obligation to respect the privacy of its consumers and to protect the security and confidentiality of those consumers ' nonpublic personal information ''. Mohela/Dept of Ed is a financial institutions by definition under that title. Also, 15 USC 1681 Section 401 Section A ( 2 ) states, " 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 written instructions of the consumer to whom it relates ''. The financial institution Mohela/Dept of Ed and the consumer reporting agencies XXXX, XXXX, and XXXX do NOT have my consent to furnish ANY information in regards to ANY items they are furnishing on my report and they surely do NOT have my written consent either. Any and all consent to XXXX, XXXX, XXXX, and Mohela/Dept of Ed- whether it be verbal, non-verbal, written, implied or otherwise- is REVOKED. 15 USC 6802 ( b ) ( c ) states, " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option ''. I was never informed of my rights to exercise my nondisclosure options by Mohela/Dept of Ed . Furthermore, 20 USC 1232g ( b ) - The Family Educational Rights and Privacy Act of 1974 additional supports that Mohela/Dept of Ed id violating my rights under this act by sharing my education records without my consent. Not only that- 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 more than seven years ''. The Mohela/Dept of Ed accounts reporting are all adverse action accounts reporting without my permission- which is clearly against the law. 15 USC 1681s-2 ( A ) ( 1 ) 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 USC 1681e states " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violation of section 1681c of this title and to limit the furnishing consumer report to the purposes listed under section 1681b of this title ''. And lastly, 12 CFR 1016.7 states that " a consumer may exercise the right to opt out at ANY time ''. This is your notice that I am opting out of ALL of your reporting services.

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