Consumer complaint received 2022-07-03
Company: MOHELA
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
MOHELA has clearly violated several federal laws that negatively affected my character, my mood of living, and my general reputation. I have been damaged as a result of your willful noncompliance and negligence of federal law. I wrote MOHELA in regard to the account that was an authorization and approval of a specific extension of credit directly to my XXXX XXXX. 
According to the Fair Credit Reporting Act 15 USC 1681a 2 ( B ) this account is not included in a consumer report. 
MOHELA has reported this account to my consumer report which is a clear violation of the law. 

I did not give MOHELA permission to report, NO PERMISSIBLE PURPOSE, MOHELA did not disclose to me that I can opt out of having my information reported, and I have written them to EXERCISE THAT RIGHT, but with no response. 

The Federal trade Commission ( FTC ) more specifically the GrammLeachBliley Act states that 00 15 usc 6802 obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

MOHELA did not disclose this information to me that is required by federal law. 
MOHELA knowingly and willfully withheld pertinent information regarding the disclosure of my information to affiliated and non-affiliated third parties. 
MOHELA knowingly and willfully withheld information that explained how I the consumer can exercise that nondisclosure option.

I have shown and given MOHELA notice that they are in violation of FTC law by failure to disclose my opt out nondisclosures and FCRA law by furnishing inaccurate information on my consumer report, as well as for no permissible purpose. MOHELA needs to delete the student loan account on my consumer report immediately. I have filed complaints with the Attorney General of North Carolina, the Attorney General of Missouri, the XXXX XXXX XXXX, the CFPB, and OCC. 

In conclusion I am writing to your office to please help me to resolve this clear violation of my consumer rights under the law 15 USC 1681 s2. The continued reporting of this inaccurate information is causing me and my family severe harm due to MOHELAs negative reporting on my consumer report. Please help me DELETE the erroneous, inaccurate illegal account on my Consumer report immediately.

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