Consumer complaint received 2023-08-18
Company: Nelnet, Inc.
State: OH
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, post secondary school. 20 USC 1232g ( b ) Privacy Act of 1974 5 U.S. Code 552a, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number 12 CFR 1016.4 Initial privacy notice to consumers required.

Debt has been paid as agreed per 1099c * Instructions for Debtor You received this form because a Federal Government agency or an applicable financial entity ( a creditor ) has discharged ( canceled or forgiven ) a debt you owed, or because an identifiable event has occurred that either is or is deemed to be a discharge of a debt of {$600.00} or more. If a creditor has discharged a debt you owed, you are required to include the discharged amount in your income, even if it is less than {$600.00}, on the " Other income '' line of your Form 1040. However, you may not have to include all of the canceled debt in your income. There are exceptions and exclusions, such as bankruptcy and insolvency. See Pub. 4681, available at XXXX, for more details. If an identifiable event has occurred but the debt has not actually been discharged, then include any discharged debt in your income in the year that it is actually discharged, unless an exception or exclusion applies to you in that year.

According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " Theres a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared. This is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " 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 the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " 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. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A 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 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting XX/XX/XXXX Nelnet Inc XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX US - Phone : XXXX RE : Opt-Out Instructions for Account Dear Nelnet Inc , Following are my instructions with regard to your information sharing and sales policies : 1. You do not have my permission to share my personally identifiable information with nonaffiliated third party companies or individuals. I am asserting my rights under the Financial Services Modernization Act ( the Gramm-Leach-Bliley Act ) to opt-out of any sharing or sales of my information by your company.

2. You do not have my permission to share information about my creditworthiness with any affiliate of your company. I am asserting my rights under the Fair Credit Reporting Act to opt-out of any sharing of this information by your company.

3. I do not wish to receive marketing offers from your company or its affiliates.

Please delete my name from all marketing lists and databases.

Your company 's privacy notice states you may otherwise use my information as " permitted by law. '' I wish to limit other uses of my personal information by your company and its affiliates. In particular : * You do not have my permission to disclose any information about me, including transaction and experience information, to your affiliates.

* You do not have my permission to disclose any information about me in connection with direct marketing agreements between your company and another company.

Thank you for respecting my privacy and honoring my choices regarding my customer information.

Please acknowledge your intention to comply with my request for privacy of my personal financial and other information Sincerely, All Rights Reserved /without prejudice - UCC 1-308

Company response to consumer: Closed with explanation