Consumer complaint received 2024-08-13
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Experian Information Solutions Inc. (GA)

I am writing to file a formal complaint against the Department of Education/XXXX  and the credit reporting agency Experian regarding inaccurate reporting related to my student loans and potential violations of my privacy rights under the Family Educational Rights and Privacy Act ( FERPA ) of 1974.

Summary of Complaint : 1. Inaccurate Reporting of Student Loan Information : My student loan servicer, the Department of EducationXXXX , has reported inaccurate information concerning my student loan account ( s ). These inaccuracies include inaccurate balance and utilization which have negatively impacted my credit score and financial standing.

2. 15 USC 1681 ( i ) : Under this section of the Fair Credit Reporting Act ( FCRA ), if a consumer disputes the accuracy of information in their credit report, the credit reporting agency, in this case Experian, must conduct a reasonable reinvestigation to determine whether the disputed information is accurate. Despite my disputes, Experian has failed to correct these inaccuracies.

3. Violation of Family Educational Rights and Privacy Act ( FERPA ) : As a federally protected consumer under FERPA, I have the right to control the disclosure of my education records, including information related to my student loans. FERPA grants me the right to consent to the disclosure of personally identifiable information from my education records, and any unauthorized disclosure by the Department of EducationXXXX is a violation of my rights.

4. FERPA ( 20 USC 1232g ) : FERPA states that " no funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information ) of students without the written consent of their parents to any individual, agency, or organization. '' My student loan servicer, XXXX has disclosed my personal information without my consent, in violation of FERPA.

5. Unauthorized Disclosure of Information : I am formally opting out of any and all authorizations I may have previously granted to the Department of EducationXXXX , whether such authorization was given in writing, verbally, non-verbally, or implied. This includes permission for the sharing, disclosure, or furnishing of my nonpublic personal information to nonaffiliated third parties, as per 15 USC 6802 ( b ) and ( c ).

6. 15 USC 6802 ( b ) : " 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 ... that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity... 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. '' 7. 15 USC 6802 ( c ) : " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer has been provided with an opportunity to opt-out of such disclosure. '' 8. Failure to Correct Inaccuracies in Credit Reporting : Despite my disputes, the credit reporting agency, Experian, has failed to correct the inaccurate reporting related to my student loans, violating my rights under 15 USC 1681 ( i ).