Consumer complaint received 2022-03-18
Product: Student loan — Federal student loan servicing
Issue: Dealing with your lender or servicer — Problem with customer service
Company: AES/PHEAA (PA)

This is not a duplicate complaint despite AES claiming so. Until a valid response is received, complaints will be re-opened. 

YOUR COMPLAINT Hello, On Friday, XX/XX/2022, I initiated a call to AES and informed everyone who I came into contact with that all calls must not be recorded. In addition, AES has received a Cease-and-Desist letter informing them of my intent to sue AES/PHEAA if they continue to violate 18 PA. CONST. STAT 5703 18 Pa. Cons. Stat. 5703 Interception, disclosure or use of wire, electronic or oral communications. Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he : ( 1 ) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication ; I spoke with a representative who said her first name was XXXX. She advised that there was no option for turning off the recording of the phone call. I then received a representative who said his first name was XXXX. XXXX became defensive and disrespectful all because I was asserting my rights to privacy. AES/PHEAA continues to violate this statute despite all my efforts at getting you to stop the recordings. The reason for calling is to establish communication that payments will be made by a certain date should they fall past due or in a delinquency state. AES/PHEAA needs to respect this Pennsylvania statute or I will sue AES/PHEAA for violating my privacy and will also sue for punitive damages if you continue to defy this demand. Moreover, an additional complaint has been filed with the Pennsylvania Attorney General 's office. The expectation is that your company ceases all recordings per my demand at any time I decide to call in. You do not have the option from a legal perspective to record anybody you wish just because it becomes part of your " policy ''. Secondly, representatives should not be getting upset because customers have an issue with this clear violation of privacy. You have been warned more than enough times. I would advise you take this communication seriously. This will be the last warning before I establish legal action against AES/PHEAA. Your company has been given enough time to adjust to this demand. Until AES/PHEAA acknowledges this inappropriate behavior and apologizes for it, payments will be postponed. If AES/PHEAA reports the delinquency to the Credit Bureaus , comments will be made about these complaints which AES/PHEAA is evading providing responses. AES/PHEAA is also violating the Fair Debt Collections Practices act and they have been reported to the Federal Trade Commission . 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. ( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title. ( 4 ) The advertisement for sale of any debt to coerce payment of the debt. ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity. 808. Unfair practices 15 USC 1692f A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.