Consumer complaint received 2023-09-25
Company: SLM CORPORATION
State: GA
Product: Debt collection
Sub-product: Private student loan debt
Issue: Threatened to contact someone or share information improperly
Sub-issue: Talked to a third-party about your debt

Complaint:
I am deeply concerned about four late payment entries from the year 2019 that persist on my credit report, linked to a closed account with Sallie Mae. These late payment notations have been a significant hindrance to my ability to move forward with my life, and I kindly request your intervention to rectify this situation.

To bolster my request for the removal of these late payments, I would like to draw your attention to several laws within the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ) that support my case : 15 U.S. Code 1681a ( d ) ( 2 ) ( A ) ( FCRA - Privacy ) : This section of the FCRA defines a " consumer report '' and excludes from its definition any " report containing information solely as to transactions or experiences between the consumer and the person making the report. '' The late payment entries in question exclusively pertain to transactions with Sallie Mae, and as such, they may fall within this exclusion, suggesting that their inclusion on my credit report is in violation of my privacy rights.

15 U.S. Code 1681b ( a ) ( 2 ) ( A ) ( FCRA - Written Consent ) : This section of the FCRA requires that a consumer reporting agency may furnish a consumer report only if there is a permissible purpose and the consumer has provided written consent for the report. In this case, the inclusion of late payment notations on my credit report concerns me as written consent was never obtained for the continued reporting of these late payments, further emphasizing the need for their removal.

15 U.S. Code 1692c ( FDCPA - Communication in Connection with Debt Collection ) : While this section pertains primarily to debt collection practices, it is relevant as it highlights the importance of accurate and fair reporting. Under this section, debt collectors are prohibited from engaging in communication with third parties regarding a consumer 's debt. The persistence of these late payments on my credit report, beyond the point of full payment, could be seen as a form of communication that misrepresents the state of the debt, potentially violating the spirit of this provision.

In light of these legal considerations, I kindly request that you investigate this matter thoroughly and, if deemed appropriate, take immediate action to have these late payments removed from my credit report. Doing so will not only restore a fair representation of my credit history but will also ensure that my privacy rights are upheld, and that proper consent has been obtained for their inclusion.

I understand the importance of adhering to the FCRA and FDCPA to protect consumers ' rights and ensure the accuracy of credit reporting. Therefore, I respectfully request that you consider this request and the applicable provisions of these acts.

I am confident in your dedication to upholding consumer rights and ensuring the accuracy of credit reports, and I eagerly await your response regarding the resolution of this matter.

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