Consumer complaint received 2020-11-24
Company: AES/PHEAA
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I XXXX XXXX has fulfilled every available legal means on protesting Pennsylvania Higher Education Assistance Agency having a student loan still posting on my credit bureaus, years after it was proven that the loan was a result of identity theft. I never attended college or any advanced education level above high school. The person who stole my identity is no longer located in the United States. I realize that he paid off the student loan, but as PHEAA is an authorized agency covered by the U. S. Department of Education, it should apply all of the subscriber rules to maintain an affiliation agreement with XXXX XXXX and XXXX XXXX respectively. The protest of this account does not fall under the Fair Credit Reporting Act, but mostly on the Fair Debt Collection Practices Act. In addition, the 84-month timeline also applies where the account should be deleted. I demand that this account be deleted permanently as PHEAA has an obligation to abide by its subscriber agreement with all pertinent credit bureaus. 
LEGAL DISPUTE REQUESTING FULL DISCLOSURE OF TRUE TIMELINES PERTAINING TO TRADELINE PROCUREMENT, IN ADDITION TO ACTUAL PAYMENT HISTORY PROVING ACTUAL INITIAL DATE OF FIRST 30-DAY LATE PAYMENT HISTORY, THUS TRIGGERING THE 7-YEAR RULE THAT RELATES TO ERRONEOUS OR OBSOLETE INFORMATION. 
605. Requirements relating to information contained in consumer reports [ 15 U.S.C. 1681c ] ( a ) Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 [ United States Code ] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

( 2 ) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.

( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. ( 1 ) ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1 ( b ) Exempted cases. The provisions of subsection ( a ) of this section are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more ; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. ( c ) Running of reporting period. ( 1 ) In general.

The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) ** of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. 
XXXX XXXX

Company response to consumer: Closed with explanation