Consumer complaint received 2023-02-21
Company: Maximus Education, LLC dba Aidvantage
State: FL
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:
I sent a debt validation notice to this company XX/XX/XXXX in reference to the 2 loans that are being reported to my credit and have not received anything from them yet. You are required by law ( 12 CFR Part 1016.4 ( a ) ( 2 ) to provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to consumers before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. 12 CFR Part 1016.7 indicates you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 12 CFR 1016.9 indicates how OPT OUT notices are to be delivered and since I DID NOT and DO NOT agree to participate in anything electronically, it is unreasonable of you to expect that as a consumer, I would be able to receive your actual notice of your privacy policies and practices if you : ( i ) Only post a sign in your branch or office or generally publish advertisements of your privacy policies and practices ; or ( ii ) Send the notice via electronic mail to a consumer who does not obtain a financial product or service from you electronically ( 12 CFR 1016 ( b ) 2 ( i ) ( ii ). Pertaining to your OPT OUT notice, you provide is electronically on your website. Also, 12 CFR Part 1016.7 ( g ) also states that you must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. As of today, XX/XX/XXXX, I have not received a privacy notice or an opt out notice from DEPTEDU/Aidvantage. Per 12 CFR 1016.7 and FCRA and as a federally protected consumer, I am requesting to opt out of any and all authorizations reporting of my personal data to anyone without my prior written consent, immediately and permanently. Any further sharing of my personal data will be in violation of my rights under the Privacy Act of 1974. In addition, you are in violation of Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ). This Federal law protects the privacy of my student education records. Upon initial signage of my privacy act documents, there were verbiage that stated, the school would not provide my financial records to any 3rd party company. Per 34 CFR 99.2, education records include but not limited to : Grades, transcripts, class lists, student course schedules, health records, student financial information ( at the postsecondary level ), and student discipline files. As previously stated, you are violation of 15 USC 6802- Gram-Leach-Billy Act ) communicated my nonpublic personal information to unaffiliated third parties without my consent and without giving me the opportunity to direct such information not to be disclosed. All of the information contained in my consumer report is nonpublic personal information unless I give you permission. Once again, I DID NOT AND DO NOT CONSENT to you DEPT OF EDUCATION/AIDVANTAGE furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against you by filing a FEDERAL CASE against you and Adverse actions taken against me denying my rights, of which the civil damages pursuant to 15 USC 1611 ( 1 ) are up to { { { { {$5000.00} } } } } per violation, civil damages for 15 USC 1692 ( j ) are up to { { { { {$1000.00} } } } } .per violation NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT SILENCE IS ACQUIESCENCE.

Company response to consumer: Closed with explanation