Consumer complaint received 2016-11-22
Company: AES/PHEAA
State: FL
Product: Student loan
Sub-product: Federal student loan servicing
Issue: Dealing with my lender or servicer
Sub-issue: Having problems with customer service

Complaint:
I 'm filling another complaint in response to a previous CFPB Case Number : XXXX. Fedloan Servicing did n't diligently respond to all of my claims in their response to XXXX. 
In the response to CFPB Case Number : XXXX, I was told that such reports could not be removed due to regulations promulgated by the DOE and the FCRA. Contrary to these assertions, by failing to update previously reported information, Fedloan Servicing is in violation of Section 623 ( a ) ( 2 ) of the FCRA/ I have attached an FTC advisory opinion which interprets Section 623 ( a ) ( 2 ) of the FCRA . The issue posed in the advisory opinion is how a lender is to handle a situation when subsequent information updates a report that was allegedly accurate when it was made but no longer is accurate in the present time ( i.e., the identical situation I am currently in ). 

-- - & gt ; Section 623 ( a ) ( 2 ) of the FCRA addresses the duty to correct and update information by " furnishers, '' or persons who furnish information to consumer reporting agencies ( " CRA '' ) such as credit bureaus. It specifically states that this duty extends to all student loan accounts reported to CRAs, regardless of whether they were accurate at XXXX point, because the section requires the furnisher both to " update '' accounts as well as to " correct '' those that were erroneous when submitted to the CRA. In my case payments were missed and delinquencies were first reported, however, retroactive forbearances were approved which covered the time frame in which the delinquencies took place. As per the FCRA section mentioned above the furnisher has a duty to correct/update this with all credit reporting agencies, regardless of whether they were accurate at XXXX point. I have requested the furnisher to correct and update the information to no avail. I then filed a dispute with XXXX, XXXX, and XXXX. I provided them original approval letters from the furnisher of the forbearances in question which included the time frames which they covered. They stated that they sent the information to the furnisher but they did not provide updates regarding the payment history disputed, alleging no errors were present. 

Despite Fed Loan Servicing 's corporate policy of not updating credit reporting based on retroactive forbearances, per the FTC 's opinion on the matter, they are legally required to update their reporting. Fed Loan Servicing 's refusal to uphold their legal obligation has caused financial damages and I 'm requesting my credit file be updated to reflect no late payments being reported to the credit reporting agencies. 
I 'm requesting that FedLoan Servicing report accurate payment history from XXXX XXXX XXXX 2014. During this period I want all late payment history to be removed and for my account to show " pays as agreed '' during this timeframe. Fedloan Servicing needs to report this credit information to the XXXX major credit reporting agencies : XXXX, XXXX, and XXXX. Fedloan Servicing granted me a forbearance for this time frame. Forbearance means that no payments are due and therefore no payments could be late. Continued inclusion of this erroneous late payment information places Fed Loan Servicing in violation of Fair Credit Reporting Act. 
In the event that these reports are not immediately updated to accurately reflect my payment status during requested time period, I intend on filing disputes with each credit bureau in addition to official complaints with the FTC, XXXX, and pursue other legal routes if necessary.

Company response to consumer: Closed with explanation